Doren v Allstar Sec. & Consultiing, Inc. 2025 NY Slip Op 31579(U) May 2, 2025 Supreme Court, New York County Docket Number: Index No. 152450/2021 Judge: Mary V. Rosado Cases posted with a "30000" identifier, i.e., 2013 NY Slip Op 30001(U), are republished from various New York State and local government sources, including the New York State Unified Court System's eCourts Service. This opinion is uncorrected and not selected for official publication. INDEX NO. 152450/2021 NYSCEF DOC. NO. 164 RECEIVED NYSCEF: 05/02/2025
SUPREME COURT OF THE STATE OF NEW YORK NEW YORK COUNTY PRESENT: HON. MARY V. ROSADO PART 33M Justice -------------------X INDEX NO. 152450/2021 CHRISTOPHER DOREN, MOTION DATE 07/29/2024 Plaintiff, MOTION SEQ. NO. 003 - V-
ALLSTAR SECURITY & CONSULTING, INC.,53-55 WEST 21ST OWNER, LLC,NEW LOUNGE 4324 LLC,0/B/A BOUNCE SPORTING CLUB, JOHN DOE 1, JOHN DOE 2 DECISION + ORDER ON (SAID NAMES BEING FICTITIOUS TO REPRESENT UNKNOWN SECURITY GUARDS WORKING AT THE MOTION PREMISES ON DATE OF INCIDENT),
Defendant. ----------------------------------------------------·---------X
NEW LOUNGE 4324 LLC, D/B/A BOUNCE SPORTING CLUB Third-Party Index No. 595940/2022 Plaintiff,
-against-
JACOB O'BRIEN
Defendant. ------------------X
The following e-filed documents, listed by NYSCEF document number (Motion 003) 94, 95, 96, 97, 98, 99,100,101,102,103,104,105,106,107,108,109,110,111,112,113,114,115,116,117,118,119, 120,121,122,128,129,130,131,132,133,144,146,147,148,149,150,151,152,154,158,159,160, 161 were read on this motion to/for JUDGMENT-SUMMARY Upon the foregoing documents, and after oral argument, which took place on February 25,
2025, where Andrew Dellaripa, Esq. appeared for Plaintiff Christopher Doren ("Plaintiff'), Alex
Rabhan, Esq. appeared for Defendant New Lounge 4324 LLC d/b/a Bounce Sporting Club
("Bounce"), and Lisa R. Kramer, Esq. appeared for Defendants Allstar Security & Consulting, Inc.
("Allstar") and 53-55 West 21st Owner LLC ("Owner"), Allstar and Owner's motion for summary
judgment dismissing Plaintiffs claims and all crossclaims asserted against it is granted.
152450/2021 DOREN, CHRISTOPHER vs. ALLSTAR SECURITY & Page 1 of 5 Motion No. 003
[* 1] 1 of 5 INDEX NO. 152450/2021 NYSCEF DOC. NO. 164 RECEIVED NYSCEF: 05/02/2025
I. Background
On October 19, 2019, Plaintiff was visiting the bar known as Bounce at 55 West 21 st Street,
New York, New York (the "Premises"). Security at the Premises is outsourced to Allstar
(NYSCEF Doc. 87 at 15). Prior to visiting Bounce, Plaintiff consumed four or five beers, and
continued drinking upon arrival to Bounce (NYSCEF Doc. 78 at 13; 16). Plaintiff testified within
five to ten minutes of entering, he got into a verbal altercation and a bouncer escorted Plaintiff out
(Id. at 17-19; 95). Plaintiff tried to reenter Bounce but was not allowed (Id. at 21 ). Plaintiffs friend,
Matt, was also ejected because he was too intoxicated. Plaintiff himself admitted he "was a little
drunk." (Id. at 22-23).
While outside, Matt got involved in an altercation with a stranger, later identified as third-
party defendant Jacob O'Brien ("Jacob"). Plaintiff, Matt, and Jacob moved down the block, away
from Bounce, and fought (NYSCEF Doc. 78. at 130). The fight happened off Premises (NYSCEF
Doc. 87 at 113). Plaintiff sues Defendants for injuries sustained due to the Defendants' alleged
negligence. In Motion Seq. 002, this Court granted Bounce's motion for summary judgment
dismissing Plaintiffs Complaint and all crossclaims asserted against it. Here, Defendants Allstar
and Owner move for summary judgment dismissing Plaintiffs Complaint and Bounce' s
crossclaims.
II. Discussion
A. Standard
"Summary judgment is a drastic remedy, to be granted only where the moving party has
tendered sufficient evidence to demonstrate the absence of any material issues of fact." (Vega v
Restani Const. Corp., 18 NY3d 499,503 [2012]). The moving party's "burden is a heavy one and
on a motion for summary judgment, facts must be viewed in the light most favorable to the non-
152450/2021 DOREN, CHRISTOPHER vs. ALLSTAR SECURITY & Page 2 of 5 Motion No. 003
[* 2] 2 of 5 INDEX NO. 152450/2021 NYSCEF DOC. NO. 164 RECEIVED NYSCEF: 05/02/2025
moving party." (Jacobsen v New York City Health and Hasps. Corp., 22 NY3d 824, 833 [2014]).
Once this showing is made, the burden shifts to the party opposing the motion to produce
evidentiary proof, in admissible form, sufficient to establish the existence of material issues of fact
which require a trial (See e.g., Zuckerman v City of New York, 49 NY2d 557,562 [1980]).
B. Plaintifrs Claims
Allstar and Owner's motion for summary judgment dismissing Plaintiff's Complaint
against it is granted. As a preliminary matter, no party argues against the branch of the motion
granting Owner summary judgment dismissing the claims asserted against it, therefore, Plaintiff's
Complaint and all crossclaims asserted against Owner is granted without opposition and
abandoned (see, e.g. Saidin v Negron, 136 AD3d 458,459 [1st Dept 2016]).
Plaintiff's claims against Allstar are without merit because the uncontroverted testimony
shows that Plaintiff, who was intoxicated, was ejected quickly from Bounce, and refused re-entry,
continued his rowdiness on the public sidewalk with his overly intoxicated friend, when he was
hurt during a fight with third-party stranger Jacob O'Brien away from the Premises (see, e.g.
Carreras v Morrisania Towers Housing Co. Ltd. Partnership, 107 AD3d 618,621 [1st Dept 2013]
["plaintiff's willing participation in fight negates any negligence committed by defendant with a
duty to provide security"] citing Vega v Ramirez, 57 AD3d 299 [1st Dept 2008]). Plaintiff and
Matt's involvement in a fight off-premises with an individual not affiliated with any of the named
defendants "severed any causal connection between defendant's alleged negligence in providing
reasonable security and his injuries" (Hernandez v Bronx-Lebanon Hosp. Cent., 176 AD3d 631
[1st Dept 2019]).
Nor is there sufficient evidence to raise a triable issue of fact regarding whether Defendants
should have foreseen that the third-party defendant, Jacob O'Brien, who was not a patron and was
152450/2021 DOREN, CHRISTOPHER vs. ALLSTAR SECURITY & Page 3 of 5 Motion No. 003
[* 3] 3 of 5 INDEX NO. 152450/2021 NYSCEF DOC. NO. 164 RECEIVED NYSCEF: 05/02/2025
unaffiliated with any of the Defendants, would spontaneously begin fighting with Plaintiff and his
friend some distance away from the Premises (Giambruno v Crazy Donkey Bar and Grill, 65 AD3d
1190, 1192 [2d Dept 2009]). To the extent Plaintiffs expert affidavit avers otherwise, Plaintiffs
expert's opinion is contrary to the plethora of First Department precedent cited, is speculative,
conclusory, and not based on facts in evidence. Therefore, the general negligence claim against
All star is dismissed (see also Mitchell v Just Lorraine's Place, LLC, 214 AD3d 53 8, 53 8 [1st Dept
2023 ]; Del Bourgo v 138 Sidelines Corp., 208 AD2d 795 [2d Dept 1994]).
Likewise, the negligent supervision, hiring, and retention claim must be dismissed as there
is no evidence of an alleged dangerous propensity, as it was not an Allstar employee who was
involved in the assault, but a stranger from the street.
Free access — add to your briefcase to read the full text and ask questions with AI
Doren v Allstar Sec. & Consultiing, Inc. 2025 NY Slip Op 31579(U) May 2, 2025 Supreme Court, New York County Docket Number: Index No. 152450/2021 Judge: Mary V. Rosado Cases posted with a "30000" identifier, i.e., 2013 NY Slip Op 30001(U), are republished from various New York State and local government sources, including the New York State Unified Court System's eCourts Service. This opinion is uncorrected and not selected for official publication. INDEX NO. 152450/2021 NYSCEF DOC. NO. 164 RECEIVED NYSCEF: 05/02/2025
SUPREME COURT OF THE STATE OF NEW YORK NEW YORK COUNTY PRESENT: HON. MARY V. ROSADO PART 33M Justice -------------------X INDEX NO. 152450/2021 CHRISTOPHER DOREN, MOTION DATE 07/29/2024 Plaintiff, MOTION SEQ. NO. 003 - V-
ALLSTAR SECURITY & CONSULTING, INC.,53-55 WEST 21ST OWNER, LLC,NEW LOUNGE 4324 LLC,0/B/A BOUNCE SPORTING CLUB, JOHN DOE 1, JOHN DOE 2 DECISION + ORDER ON (SAID NAMES BEING FICTITIOUS TO REPRESENT UNKNOWN SECURITY GUARDS WORKING AT THE MOTION PREMISES ON DATE OF INCIDENT),
Defendant. ----------------------------------------------------·---------X
NEW LOUNGE 4324 LLC, D/B/A BOUNCE SPORTING CLUB Third-Party Index No. 595940/2022 Plaintiff,
-against-
JACOB O'BRIEN
Defendant. ------------------X
The following e-filed documents, listed by NYSCEF document number (Motion 003) 94, 95, 96, 97, 98, 99,100,101,102,103,104,105,106,107,108,109,110,111,112,113,114,115,116,117,118,119, 120,121,122,128,129,130,131,132,133,144,146,147,148,149,150,151,152,154,158,159,160, 161 were read on this motion to/for JUDGMENT-SUMMARY Upon the foregoing documents, and after oral argument, which took place on February 25,
2025, where Andrew Dellaripa, Esq. appeared for Plaintiff Christopher Doren ("Plaintiff'), Alex
Rabhan, Esq. appeared for Defendant New Lounge 4324 LLC d/b/a Bounce Sporting Club
("Bounce"), and Lisa R. Kramer, Esq. appeared for Defendants Allstar Security & Consulting, Inc.
("Allstar") and 53-55 West 21st Owner LLC ("Owner"), Allstar and Owner's motion for summary
judgment dismissing Plaintiffs claims and all crossclaims asserted against it is granted.
152450/2021 DOREN, CHRISTOPHER vs. ALLSTAR SECURITY & Page 1 of 5 Motion No. 003
[* 1] 1 of 5 INDEX NO. 152450/2021 NYSCEF DOC. NO. 164 RECEIVED NYSCEF: 05/02/2025
I. Background
On October 19, 2019, Plaintiff was visiting the bar known as Bounce at 55 West 21 st Street,
New York, New York (the "Premises"). Security at the Premises is outsourced to Allstar
(NYSCEF Doc. 87 at 15). Prior to visiting Bounce, Plaintiff consumed four or five beers, and
continued drinking upon arrival to Bounce (NYSCEF Doc. 78 at 13; 16). Plaintiff testified within
five to ten minutes of entering, he got into a verbal altercation and a bouncer escorted Plaintiff out
(Id. at 17-19; 95). Plaintiff tried to reenter Bounce but was not allowed (Id. at 21 ). Plaintiffs friend,
Matt, was also ejected because he was too intoxicated. Plaintiff himself admitted he "was a little
drunk." (Id. at 22-23).
While outside, Matt got involved in an altercation with a stranger, later identified as third-
party defendant Jacob O'Brien ("Jacob"). Plaintiff, Matt, and Jacob moved down the block, away
from Bounce, and fought (NYSCEF Doc. 78. at 130). The fight happened off Premises (NYSCEF
Doc. 87 at 113). Plaintiff sues Defendants for injuries sustained due to the Defendants' alleged
negligence. In Motion Seq. 002, this Court granted Bounce's motion for summary judgment
dismissing Plaintiffs Complaint and all crossclaims asserted against it. Here, Defendants Allstar
and Owner move for summary judgment dismissing Plaintiffs Complaint and Bounce' s
crossclaims.
II. Discussion
A. Standard
"Summary judgment is a drastic remedy, to be granted only where the moving party has
tendered sufficient evidence to demonstrate the absence of any material issues of fact." (Vega v
Restani Const. Corp., 18 NY3d 499,503 [2012]). The moving party's "burden is a heavy one and
on a motion for summary judgment, facts must be viewed in the light most favorable to the non-
152450/2021 DOREN, CHRISTOPHER vs. ALLSTAR SECURITY & Page 2 of 5 Motion No. 003
[* 2] 2 of 5 INDEX NO. 152450/2021 NYSCEF DOC. NO. 164 RECEIVED NYSCEF: 05/02/2025
moving party." (Jacobsen v New York City Health and Hasps. Corp., 22 NY3d 824, 833 [2014]).
Once this showing is made, the burden shifts to the party opposing the motion to produce
evidentiary proof, in admissible form, sufficient to establish the existence of material issues of fact
which require a trial (See e.g., Zuckerman v City of New York, 49 NY2d 557,562 [1980]).
B. Plaintifrs Claims
Allstar and Owner's motion for summary judgment dismissing Plaintiff's Complaint
against it is granted. As a preliminary matter, no party argues against the branch of the motion
granting Owner summary judgment dismissing the claims asserted against it, therefore, Plaintiff's
Complaint and all crossclaims asserted against Owner is granted without opposition and
abandoned (see, e.g. Saidin v Negron, 136 AD3d 458,459 [1st Dept 2016]).
Plaintiff's claims against Allstar are without merit because the uncontroverted testimony
shows that Plaintiff, who was intoxicated, was ejected quickly from Bounce, and refused re-entry,
continued his rowdiness on the public sidewalk with his overly intoxicated friend, when he was
hurt during a fight with third-party stranger Jacob O'Brien away from the Premises (see, e.g.
Carreras v Morrisania Towers Housing Co. Ltd. Partnership, 107 AD3d 618,621 [1st Dept 2013]
["plaintiff's willing participation in fight negates any negligence committed by defendant with a
duty to provide security"] citing Vega v Ramirez, 57 AD3d 299 [1st Dept 2008]). Plaintiff and
Matt's involvement in a fight off-premises with an individual not affiliated with any of the named
defendants "severed any causal connection between defendant's alleged negligence in providing
reasonable security and his injuries" (Hernandez v Bronx-Lebanon Hosp. Cent., 176 AD3d 631
[1st Dept 2019]).
Nor is there sufficient evidence to raise a triable issue of fact regarding whether Defendants
should have foreseen that the third-party defendant, Jacob O'Brien, who was not a patron and was
152450/2021 DOREN, CHRISTOPHER vs. ALLSTAR SECURITY & Page 3 of 5 Motion No. 003
[* 3] 3 of 5 INDEX NO. 152450/2021 NYSCEF DOC. NO. 164 RECEIVED NYSCEF: 05/02/2025
unaffiliated with any of the Defendants, would spontaneously begin fighting with Plaintiff and his
friend some distance away from the Premises (Giambruno v Crazy Donkey Bar and Grill, 65 AD3d
1190, 1192 [2d Dept 2009]). To the extent Plaintiffs expert affidavit avers otherwise, Plaintiffs
expert's opinion is contrary to the plethora of First Department precedent cited, is speculative,
conclusory, and not based on facts in evidence. Therefore, the general negligence claim against
All star is dismissed (see also Mitchell v Just Lorraine's Place, LLC, 214 AD3d 53 8, 53 8 [1st Dept
2023 ]; Del Bourgo v 138 Sidelines Corp., 208 AD2d 795 [2d Dept 1994]).
Likewise, the negligent supervision, hiring, and retention claim must be dismissed as there
is no evidence of an alleged dangerous propensity, as it was not an Allstar employee who was
involved in the assault, but a stranger from the street. Assuming, arguendo, that the alleged
dangerous propensity was an Allstar employee's propensity to not intervene in off-premises fights,
the record is devoid of any evidence that Allstar knew or should have known of this alleged
propensity (see generally Jones v Hiro Cocktail Lounge, 139 AD3d 608,609 [1st Dept 2016] citing
Vicuna v Empire Today, LLC, 128 AD3d 578, 578 [1st Dept 2015]). Thus, Plaintiffs Complaint
against Allstar is dismissed.
C. Bounce's Crossclaims
As Plaintiffs Complaint has been dismissed against Bounce and Allstar, the crossclaims
asserted by Bounce against Allstar, which are predicated on a finding of liability against Allstar,
must also be dismissed. Therefore, Allstar's motion for summary judgment dismissing Bounce's
crossclaims asserted against it is granted.
[The remainder of this page is intentionally left blank.]
152450/2021 DOREN, CHRISTOPHER vs. ALLSTAR SECURITY & Page 4 of 5 Motion No. 003
4 of 5 [* 4] INDEX NO. 152450/2021 NYSCEF DOC. NO. 164 RECEIVED NYSCEF: 05/02/2025
Accordingly, it is hereby,
ORDERED that Defendants Allstar and Owner's motion for summary judgment is granted
in its entirety, and Plaintiffs Complaint and all crossclaims asserted against them are hereby
dismissed; and it is further
ORDERED that within ten days of entry, counsel for Defendants Allstar and Owner shall
serve a copy of this Decision and Order, with notice of entry, on all parties via NYSCEF.
This constitutes the Decision and Order of the Court.
5/2/2025 DATE
CHECK ONE: x CASE DISPOSED NON-FINAL DISPOSITION
x GRANTED □ DENIED GRANTED IN PART □ OTHER APPLICATION: SETTLE ORDER SUBMIT ORDER
CHECK IF APPROPRIATE: INCLUDES TRANSFER/REASSIGN FIDUCIARY APPOINTMENT □ REFERENCE
152450/2021 DOREN, CHRISTOPHER vs. ALLSTAR SECURITY & Page 5 of 5 Motion No. 003
5 of 5 [* 5]