ESQ HQNEW YORK LAW WATCH

Appellate Division, Second Department · October 14, 2026 · 2026 NY Slip Op 05935

Durante v Transform SR Brands, LLC

Read the official decision: 2026 NY Slip Op 05935

Holding The court affirmed the dismissal of the complaint because the defendants established that the assault was unforeseeable, negating their duty to control third-party conduct. The plaintiff’s expert opinion was deemed conclusory and insufficient to raise a triable issue of fact regarding foreseeability.

The court’s words

Landowners, as a general rule, have a duty to exercise reasonable care to prevent harm to patrons on their property

2026 NY Slip Op 05935, at the official text

the owner of a public establishment has no duty to protect patrons against unforeseeable and unexpected assaults

2026 NY Slip Op 05935, at the official text

the opinion of the plaintiff's expert was conclusory and speculative and, thus, insufficient to raise a triable issue of fact

2026 NY Slip Op 05935, at the official text
CourtAppellate Division, Second Department
DecidedOctober 14, 2026
Citation2026 NY Slip Op 05935
Area of lawPersonal Injury and Negligence
WeekWeek ending October 17, 2026
Official textOfficial decision: 2026 NY Slip Op 05935
Publication statusSlip opinions are uncorrected and subject to revision before publication in the Official Reports.
Source feedNew York slip opinion page
Law Watch record id1172

Recommended citation

ESQ HQ, New York Law Watch, Durante v Transform SR Brands, LLC, 2026 NY Slip Op 05935 (Appellate Division, Second Department, October 14, 2026), https://esqhq.com/decisions/2026-ny-slip-op-05935/

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.

Read how Law Watch works

Published October 14, 2026. Updated October 14, 2026.