Ryan v. Big Z Corp

In Ryan v. Big Z Corp (210 AD2d 649 [3d Dept 1994]) the assailant was a member of a group of patrons in a crowded bar who began placing empty beer bottles on a table where plaintiff was sitting and plaintiff asked a member of the group to place their bottles elsewhere. (Id.) "When plaintiff began placing the empty bottles on the floor under the table, the assailant allegedly approached plaintiff, called her a 'bitch' and punched her in the face, breaking her nose. . . We agree with Supreme Court that defendant met its burden as the proponent of the motion for summary judgment by submitting evidentiary proof in admissible form to establish its entitlement to judgment . . . Plaintiffs argue that the restaurant should have anticipated the incident, but plaintiff . . . admitted that he did not attempt to leave or seek assistance from restaurant personnel prior to the assault because he did not think anything serious was going to occur. Defendant could not reasonably be expected to have anticipated or prevented such a spontaneous assault." (Id. at 649-650.)