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
| Court | Appellate Division, Second Department |
|---|---|
| Decided | October 14, 2026 |
| Citation | 2026 NY Slip Op 05935 |
| Area of law | Personal Injury and Negligence |
| Week | Week ending October 17, 2026 |
| Official text | Official decision: 2026 NY Slip Op 05935 |
| 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 | 1172 |
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.
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