Dylan Braverman Obtains Summary Judgment Dismissal of Claims Against National Security Company

Senior Attorney Dylan Braverman’s motion for summary judgment was granted, dismissing the negligence and contractual claims against one of the largest national security companies in America. Plaintiff was attacked and stabbed several times with a butcher knife as he exited a large New York City grocery store. The attack resulted in allegedly catastrophic injuries and disabilities and several lengthy hospitalizations. The assailant was an employee of the grocery store who obtained the butcher knife from the grocery store’s butcher department. The security company had several employees on duty, and at least one of them was stationed in a security booth monitoring cameras throughout the store and parking lot. Mr. Braverman argued that the security company owed no duty of care to the plaintiff, who was not an intended third party beneficiary of the security contract. Mr. Braverman argued that, if anything, the claims amount to an alleged omission rather than an affirmative act by the security company. Finally, Mr. Braverman argued that the assault was not foreseeable and that plaintiff could not bring this action because he voluntarily participated in the fight. Despite vigorous opposition by the plaintiff, the Honorable Judge Kim Dollard, Associate Justice of the Supreme Court, Richmond County granted dismissal on the grounds that the contract did not confer a duty of care to plaintiff, that the assault was unforeseeable, and that the security company did not take any affirmative action that can be deemed a cause of the alleged damages.

       
 

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