JOSEPH R.C. v. BRONX UNDERGROUND LLC

12823, 350704/09.

118 A.D.3d 583 (2014)

987 N.Y.S.2d 161

2014 NY Slip Op 4571

JOSEPH R.C. et al., Appellants, v. BRONX UNDERGROUND LLC, Defendant, and FIRST LUTHERAN CHURCH OF THROGGS NECK et al., Respondents.

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

Decided June 19, 2014.


Summary judgment was properly granted in favor of the Church, in this action where infant plaintiff was injured when he was struck in the head by an unidentified participant at a music event held at the Church's premises and hosted by defendant Bronx Underground LLC. The Church owed no duty to supervise the subject music event, or to otherwise retain control of its premises (see McGlynn v St. Andrew Apostle Church, 304 A.D.2d 372

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