Opinion
May 6, 1996
Appeal from the Supreme Court, Suffolk County (Doyle, J.).
Ordered that the order is affirmed, with costs to the respondent National Amusements, Inc., payable by the appellant.
The Supreme Court properly granted the motion of the defendant National Amusements, Inc. (hereinafter National) for summary judgment dismissing the complaint insofar as asserted against it. The plaintiff failed to present evidence in admissible form creating a genuine question of fact regarding the foreseeability of the assault perpetrated on him by a third person while in the lobby of the cinema owned and operated by National. Therefore, National cannot be liable to the plaintiff for its failure, if any, to take minimal security precautions to protect its patrons from criminal acts of third persons ( see, Nallan v Helmsley-Spear, Inc., 50 N.Y.2d 507, 518-519; Fontana v. Falides Assocs., 202 A.D.2d 631; Provenzano v. Roslyn Gardens Tenants Corp., 190 A.D.2d 718, 720).
The defendant Aero Investigations and Security Services, Inc. (hereinafter Aero) was also entitled to summary judgment dismissing the plaintiff's complaint insofar as asserted against it. There was no common-law duty on the part of Aero to protect the plaintiff, and the security agreement between Aero and National did not confer a direct contractual benefit on the plaintiff to protect him from physical injury ( see, Guarcello v Rouse SI Shopping Ctr., 204 A.D.2d 685; Abramian v. Travelers Hotel Assocs., 203 A.D.2d 398; Buckley v. I.B.I. Sec. Serv., 157 A.D.2d 645). Balletta, J.P., Sullivan, Santucci and Altman, JJ., concur.