Kahane v. Marriott Hotel Corp

In Kahane v. Marriott Hotel Corp. (249 A.D.2d 164 [1998]), the First Department held that there was a triable issue as to whether the defendant hotel should have reasonably foreseen the risk of harm to the decedent, such that it would have had a duty to provide more than minimal security. Decedent, a controversial speaker, was scheduled to speak at an affair at the hotel. On the day of the affair, the hotel received a call from a person who refused to identify himself, but who asked if the decedent would be speaking that night, and if metal detectors would be in place. (Id. at 165.) The hotel's employee who answered the call notified the group sponsoring the affair, and the hotel's security and catering departments, of the call. (Id.) The Court found that this evidence was enough to deny summary judgment on the issue of foreseeability. (Id.)