Vega v. Ramirez, 57 A.D.3d 299 (N.Y. App. Div. 1st Dep't 2008). · Go Syfert
Vega v. Ramirez, 57 A.D.3d 299 (N.Y. App. Div. 1st Dep't 2008). Cases Citing This Book View Copy Cite
11 citation events (11 in the last 25 years) across 3 distinct courts.
Cited for
At page 300 evidence that appellants were under a duty to police the outside of the premises and secure it against nonpatron transgressors, and it is speculation for…2 citing casesopening of page *300 (no citing court says what it cites this page for)
  • C?rdenas v. Walgreens, 2026 NY Slip Op 01451 (N.Y. App. Div. 1st Dep't 2026).published
    Defendant's invocation of the primary assumption of risk doctrine is a fact-specific inquiry better suited to summary judgment than a motion to dismiss based only on the pleading ( see Vega v Ramirez , 57 AD3d 299, 300 [1st Dept 2008]).
  • Hernandez v. Bronx-Lebanon Hosp. Ctr., 2019 NY Slip Op 7750 (N.Y. App. Div. 1st Dep't 2019).published
    Plaintiff's voluntary participation in the fight severed any causal connection between defendant's alleged negligence in providing reasonable security and his injuries ( see Vega v Ramirez , 57 AD3d 299, 300 [1st Dept 2008]).
Luis Vega
v.
Jason Ramirez, and Ark Restaurants Corp., (And a Third-Party Action.)
Appellate Division of the Supreme Court of the State of New York.
Dec 11, 2008.
Published opinion
57 A.D.3d 299
Cited by 6 opinions  |  Published

No issues of fact are raised relating to whether the stabbing of plaintiff outside the nightclub was a foreseeable result of any security breach (see Maheshwari v City of New York, 2 NY3d 288, 294 [2004]). The stabbing ended a five-to-six-minute fight that started after 3:00 a.m. near the nightclub’s exit door and quickly spilled outside where numerous other people became involved, including nonpatrons. There is no evidence of either prior similar incidents or possible threats of violence that night to which appellants were alerted, and indeed both plaintiff and his companion testified that the fight broke out suddenly and unexpectedly (see id.). By all accounts, the five or six security guards assigned to the nightclub that night were enough to deal with any form of disorderliness that could be reasonably expected (see id.), the magnitude and intensity of the fight quickly erupted beyond what that number could quell, and the guards acted appropriately to secure the premises and the patrons inside against the violence taking place just outside by locking the nightclub’s doors and remaining inside. There is no[*300] evidence that appellants were under a duty to police the outside of the premises and secure it against nonpatron transgressors, and it is speculation for plaintiff to argue that additional security guards would have prevented the escalation of a fight that involved too many people for plaintiff and his companions to number precisely (see Stafford v 6 Crannel St., 304 AD2d 997, 999 [2003]). Even assuming a failure to provide reasonable security, any such failure was not a substantial cause of plaintiffs injuries. Plaintiffs own testimony established that he could have remained within the safety of the nightclub at the time the fight broke out and spilled outside, and that he considered such option because of the apparent intensity of the fighting and the overwhelming number of adversaries outside, yet he elected to go outside and join the fight. In so choosing, plaintiff severed any causal connection between the appellants’ alleged negligence in providing reasonable security and his injuries (see generally Turcotte v Fell, 68 NY2d 432 [1986]). Concur—Friedman, J.P., McGuire, Acosta, DeGrasse and Freedman, JJ.