When Urbano filed a negligence suit against the restaurant and its landlord in the New York County Supreme Court, the landlord moved to dismiss the case.
Even though Urbano alleged various violations of law, including the Alcoholic Beverage Control (ABC) Law, none of them stuck and the lawsuit against the owner was dismissed.
On appeal, the Appellate Division, First Department, affirmed finding that, even if there had been notice of criminal activity at the restaurant, since the owner lacked any control over the conduct of the business or its patrons, liability could not attach.
And, in the absence of some direct link between the restaurant's breach of the ABC Law and the attack on Urbano, that theory also couldn't hold its liquor water.
For a copy of the Appellate Division's decision, please use this link: Urbano v 710 Amsterdam Associates, L.L.C.