Wade Clark Wins Summary Judgment in Bouncer Assault Case (NY)
In Almendares v. Front Franklin Realty, Brian Gibbons and Chris Gioia recently obtained summary judgment for our client in an assault case venued in Nassau County. The plaintiff alleged that he was assaulted by a bouncer at a Nassau County bar, and was hospitalized that evening. Plaintiff alleged that he was punched in the face by the bouncer of the establishment, which caused him to fall down, hit his head, and be rendered unconscious.
Before the completion of depositions,we moved for summary judgment on behalf of the owner of the property, which leased the space to the bar, because our client was an “out of possession” landowner which did not hire or control the bouncer. The lease established that the property owner had nothing to do with the day to day operation of the bar. Moreover, the owner asserted it did not hire or retain the bouncer. The Court agreed with the argument of the owner, that further discovery would not change the clear and uncontroverted evidence that the property owner is not responsible for the bar owner, nor is it responsible for its employees or any assaults which may happen on its property. Please email Brian Gibbons with any questions.