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​DEFENDANT DAWSON FELL ON PLAINTIFF DURING A DANCE HOSTED BY DEFENDANT NON-PROFIT, LENOX HILL; PLAINTIFF SUED LENOX HILL ALLEGING NEGLIGENT SUPERVISION OF THE DANCE; LENOX HILL DID NOT OWE A DUTY OF CARE TO PLAINTIFF AND DID NOT PROXIMATELY CAUSE PLAINTIFF’S INJURY (FIRST DEPT).

The First Department, reversing Supreme Court, determined plaintiff was unable to show defendant non-profit (Lenox Hill), which hosted a dance for its members, owed her a duty of care to her or proximately caused her injury. Both plaintiff and defendant, Dawson, were members of defendant Lenox Hill. Lenox Hill hosted a dance. During the dance Dawson fell on plaintiff, breaking her ankle. Plaintiff sued Lenox Hill alleging negligent supervision:

In general, a party does not have “a duty to control the conduct of third persons to prevent them from causing injury to others … . A duty can only be found where there exists a special relationship between the defendant and the plaintiff requiring the defendant to protect the plaintiff from the third party, or a special relationship “between defendant and [the] third [party] person whose actions expose[d] plaintiff to harm,” which “would require the defendant to attempt to control the third person’s conduct” … .

… [P]laintiff failed to plead that she had a special relationship to defendant requiring it to protect her … . * * *

Plaintiff also failed to establish proximate cause. To establish proximate cause, “a plaintiff must show that the defendant’s negligence was a substantial cause of the events which produced the injury” … . In the context of the intervention of a third-party between defendant’s conduct and plaintiff’s injury, “liability turns upon whether the intervening act is a normal or foreseeable consequence of the situation created by the defendant’s negligence” … .

Here, Lenox Hill established that Dawson’s fall was not foreseeable. The record supports that Lenox Hill was not on notice of any similar incidents. Bindler v Lenox Hill Neighborhood House, Inc., 2023 NY Slip Op 02966, First Dept 6-6-23

Practice Point: Generally a party does not have a duty to control the conduct of third persons. Therefore the defendant nonprofit which hosted the dance where plaintiff was injured when another dancer fell on her did not owe plaintiff a duty of care and did not proximately cause her injury.

 

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