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BENITEZ v. SHERATON SMITHTOWN HOTEL

272 A.D.2d 564 (2000)

709 N.Y.S.2d 419

KENNETH BENITEZ et al., Appellants, v. SHERATON SMITHTOWN HOTEL et al., Respondents, and SOUTHSIDE HOSPITAL, Appellant.

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

Decided May 30, 2000.

Ordered that the order is affirmed, with one bill of costs.

The plaintiffs commenced this action to recover damages, inter alia, for personal injuries allegedly sustained by the plaintiff Kenneth Benitez on December 11, 1995, when he was assaulted while a guest at the respondents' hotel. Contrary to the appellants' contention, the criminal conduct in question was not foreseeable as a matter of law (see, Jacqueline S. v City of New York,

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