Is a hotel subject to liability for failing to prevent a guest's suicide under a theory of assumed duty, where the hotel does not have custody or control of that guest but delays calling 911 after a family member's request? No. In moving to dismiss, the defendants met their prima facie burden, establishing that they neither assumed a duty of care nor proximately caused injury to the decedent. The plaintiffs' experts' speculative and conclusory assertions that the hotel's delay in calling 911 caused decedent's suicide is insufficient to raise an issue of fact.
Beadell v. Eros Mgt., NY Slip Op 02496 (1st Dep't May 7, 2024)
