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LEWIS v. JEMANDA NEW YORK CORP.

277 A.D.2d 134 (2000)

716 N.Y.S.2d 58

JASON LEWIS, Appellant, v. JEMANDA NEW YORK CORP., Respondent.

Appellate Division of the Supreme Court of the State of New York, First Department.

Decided November 28, 2000.

Plaintiff was allegedly injured on defendant's premises when a fellow patron hit him over the head with a champagne bottle. Inasmuch as the incident was attributable to the sudden, unexpected and unforeseeable act of plaintiff's assailant, its prevention was beyond any duty defendant may have had as a landowner to its patrons (see, Davis v City of New York, 183 A.D.2d 683; Lindskog v Southland Rest., 160 A...

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