608 N.Y.S.2d 165 | N.Y. App. Div. | 1994
Order, Supreme Court, Queens County (Joseph Lane, J.), entered on or about November 20, 1991, which granted the motion by defendant and third-party plaintiff Robert Bruce McLane Associates, Inc., doing business as McLane Associates and Rochdale Village, Inc. ("McLane”) for summary judgment pursuant to CPLR 3212 dismissing the complaint, unanimously affirmed, without costs.
Plaintiff Errol Johnson, employed by third-party defendant Gouz, Inc. ("Gouz”) as a night manager for a supermarket owned by Gouz, commenced the underlying negligence action against defendant McLane, which, pursuant to a written contract, dated September 15, 1986, had been retained by Gouz to provide uniformed security service at the supermarket premises, seeking to recover monetary damages for personal injuries sustained by the plaintiff, allegedly based upon defendant McLane’s negligent provision of security, when, on October 31, 1986, he was shot by one of two armed gunmen during the commission of a robbery at the supermarket.
We have reviewed plaintiffs’ remaining claims and find them to be without merit. Concur — Rosenberger, J. P., Ross, Asch, Rubin and Williams, JJ.