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Summary Judgment Successfully Obtained by Stephen Macho

Posted: April 16, 2024

Associate Stephen Macho obtained summary judgment in an assault action venued in New York County Supreme Court. In this case, the plaintiff alleged that he was assaulted by a group of assailants while walking in front of a building that was subleased by our client for use as a pop-up art store that was hosting an event where alcohol was served. Plaintiff alleged that the assault occurred after the assailants were served alcohol at the event and became intoxicated. Stephen argued that the assault was abrupt and unforeseeable and, based upon plaintiff’s own deposition testimony, there was no evidence that prior to the incident any of the assailants either attended or was served alcohol at the event. The Court agreed, holding that without that evidence our client could not be held liable for the unforeseeable assault.