| Archibald v Tunnel, Inc. |
| 2006 NY Slip Op 52391(U) [14 Misc 3d 126(A)] |
| Decided on December 14, 2006 |
| Appellate Term, First Department |
| Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431. |
| This opinion is uncorrected and will not be published in the printed Official Reports. |
Plaintiff appeals from that portion of an order of the Civil Court, New York County (Arthur F. Engoron, J.), dated December 6, 2005, which granted the motion for summary judgment of defendants The Tunnel, Inc. d/b/a Tunnel, Waterfront NY Ltd. and H.C. Entertainment Corp. d/b/a Tunnel, dismissing the complaint as against them.
PER CURIAM:
Order (Arthur F. Engoron, J.), dated December 6, 2005, affirmed, with $10 costs.
Plaintiff, a patron in a nightclub owned by the moving defendants, commenced this action to recover damages for injuries allegedly sustained when she was "groped" by another patron. Defendants established their prima facie entitlement to summary judgment by demonstrating that plaintiff's alleged injuries resulted from sudden and unexpected conduct, which defendants could not reasonably have anticipated or prevented (see Petras v Saci, Inc., 18 AD3d 848 [2005]; Lewis v. Jemanda New York Corp., 277 AD2d 134 [2000]). In opposition, plaintiff failed to raise a triable issue of fact. The court properly disregarded plaintiff's opposing affidavit since it clearly contradicted her prior deposition testimony and appears to have been tailored to avoid the consequences of that testimony (see Gloth v. Brusco Equities, 1 AD3d 294 [2003].
This constitutes the decision and order of the court.
Decision Date: December 14, 2006