Date: 04-01-1997

Case Style: Daphney Cayo, et al. v. Supermarkets General Corporation

Case Number: Not Available

Judge: Huttner

Court: Supreme Court, Kings County, New York

Plaintiff's Attorney: Richard Frank P.C., of New York City; Kathleen Peratis, P.C., of New York, New York.

Defendant's Attorney: Charles A. Kuffner, Jr. and Jeffrey K. Van Etten of Kral, Clerkin, Richmond, Ryan, Perry, and Girvan, New York City, New York.

Description: Personal Injuries - The infant plaintiff was sexually assaulted by an unapprehended assailant who allegedly found her wandering in the aisles of the supermarket and took her to a storage area in the back of the store, where he engaged in the criminal activity. The defendant moved for summary judgment on the ground that, as a matter of law, the assailant's criminal activity was not foreseeable.

Outcome: Court sustained defendant's motion for summary judgment dismissing the complaint.

Plaintiff's Experts: None

Defendant's Experts: None

Comments: The decision was reversed, on the law, with costs, the motion for summary judgment was granted, and the complaint dismissed by the Supreme Court, Appellate Division, Second Department. See: 668 N.Y.S.2d 703 (A.D.2 Dept. 1998). Reported by EMDH.