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Daphney Cayo, et al. v. Supermarkets General Corporation

Date: 04-01-1997

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.

About This Case

What was the outcome of Daphney Cayo, et al. v. Supermarkets General Corporation?

The outcome was: Court sustained defendant's motion for summary judgment dismissing the complaint.

Which court heard Daphney Cayo, et al. v. Supermarkets General Corporation?

This case was heard in Supreme Court, Kings County, New York, NY. The presiding judge was Huttner.

Who were the attorneys in Daphney Cayo, et al. v. Supermarkets General Corporation?

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..

When was Daphney Cayo, et al. v. Supermarkets General Corporation decided?

This case was decided on April 1, 1997.