Appellate Division, Second Department · September 16, 2026 · 2026 NY Slip Op 05340
Torres v Frank & Sal, LLC
Read the official decision: 2026 NY Slip Op 05340
Holding The court reversed the lower court’s denial of summary judgment, holding that the grocery store did not owe a duty to the plaintiff because it lacked the authority to control the third-party tortfeasor after he left the premises and had no special relationship with the plaintiff.
The court’s words
Generally, a defendant has no duty to control the conduct of third persons so as to prevent them from harming others.
2026 NY Slip Op 05340, at the official text
F & S established, prima facie, that it did not owe a duty to the plaintiff.
2026 NY Slip Op 05340, at the official text
| Court | Appellate Division, Second Department |
|---|---|
| Decided | September 16, 2026 |
| Citation | 2026 NY Slip Op 05340 |
| Area of law | Personal Injury and Negligence |
| Week | Week ending September 19, 2026 |
| Official text | Official decision: 2026 NY Slip Op 05340 |
| Publication status | Slip opinions are uncorrected and subject to revision before publication in the Official Reports. |
| Source feed | New York slip opinion page |
| Law Watch record id | 600 |
Recommended citation
ESQ HQ, New York Law Watch, Torres v Frank & Sal, LLC, 2026 NY Slip Op 05340 (Appellate Division, Second Department, September 16, 2026), https://esqhq.com/decisions/2026-ny-slip-op-05340/
How this record was made
Holding drafted by Law Watch’s in-house model, graded by three reviewers; every quotation verified word for word against the official text.
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