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DOE v. INTERCONTINENTAL HOTELS GROUP, PLC

159963/17. Appeal No. 13479. Case No. 2020-03245.

193 A.D.3d 410 (2021)

146 N.Y.S.3d 247

2021 NY Slip Op 02063

Erin Doe et al., Appellants, v. Intercontinental Hotels Group, PLC, et al., Defendants, and Kent Security of New York, Inc., Respondent.

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

Decided April 1, 2021.

Attorney(s) appearing for the Case

Law Office of Niall MacGiollabhuí, New York ( Niall MacGiollabhuí of counsel), for appellants.

Smith Mazure, P.C., New York ( Louise M. Cherkis of counsel), for respondent.

Concur—Acosta, P.J., Kapnick, Webber, Kennedy, JJ.

Plaintiffs allege that a Kent security guard sexually assaulted plaintiff Erin Doe (Erin) while she was staying at a hotel at which Kent provided security services pursuant to a contract with the hotel's owners and operators. After it answered plaintiffs' initial and amended complaints, and before plaintiffs filed their second amended complaint, Kent moved, inter alia, to dismiss plaintiffs' negligent hiring claim pursuant to both CPLR 3211(a)(1) and (7). Supreme Court granted...

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