Opinion
January 17, 1957
Appeal from the Municipal Court of the City of New York, Borough of Manhattan, EUGENE M. McCARTHY, J.
Emanuel Morgenbesser and Sidney J. Loeb for appellants.
Robert Hill Nix for respondent.
Defendants were under a duty to use ordinary care to protect their patrons from injury from causes reasonably to be anticipated ( Burgess v. Garfield 49th St., 1 Misc.2d 60; Schubart v. Hotel Astor, 168 Misc. 431, affd. 255 App. Div. 101 2, affd. 281 N.Y. 597). The sudden, unexpected and unprovoked assault on plaintiff by several other patrons was not such an act which the defendants could reasonably be expected to have foreseen or to have guarded against. No actionable negligence on their part was otherwise established.
The judgment should be reversed, with $30 costs, and complaint dismissed, with costs.
HOFSTADTER, AURELIO and TILZER, JJ., concur.
Judgment reversed, etc.