WALTON v. MERCY COLLEGE

7036, 13259/06.

93 A.D.3d 460 (2012)

940 N.Y.S.2d 54

2012 NY Slip Op 1744

CHRISTOPHER WALTON, Appellant, v. MERCY COLLEGE et al., Respondents.

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

Decided March 8, 2012.


The motion court properly awarded summary judgment in favor of defendants since the assault upon plaintiff was not foreseeable. The evidence of prior crimes at and near the subject dormitory did not make the assault of plaintiff foreseeable. These prior crimes were unlike the subject crime in that they did not include any crimes involving a gun, a home invasion, or violence related to drug trafficking (see Maria T. v New York Holding Co. Assoc., 52...

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