In Piazza v. Regeis Care Center, L.L.C., (47 AD3d 551, 553, 852 N.Y.S.2d 53 [1st Dept 2008]), the defendant nursing home was found not liable for injuries the plaintiff suffered from her brother during a visit to their mother at the nursing home.
The court held that the nursing home had no notice of the brother's violent tendencies, even though the plaintiff had sent the nursing home a letter informing the nursing home that her brother had problems. "Although plaintiff's brother may have had a history of drug abuse and verbal intimidation, there was no evidence that he had a history of physical violence toward plaintiff or their mother prior to the subject incident.
Accordingly, defendant had no reason to anticipate the assault or duty to take steps to prevent contact between plaintiff and her brother" (id. at 553, 852 N.Y.S.2d 53).
The Piazza court noted that the nursing home had alleged that "at no time during the subject 30-minute visit did plaintiff ever express that she was uncomfortable with her brother's presence.
Furthermore, defendant's Director of Building Services stated at his deposition that there were no complaints in the six-month period before the incident by visitors regarding other visitors" (id. at 554, 852 N.Y.S.2d 53).