A New Year’s Eve reveler who got booted out of the Marriott Marquis in New York’s Times Square last year and then drove his car into a tree can sustain a federal lawsuit against the hotel under a common law precept that innkeepers have a duty to provide safe harbor for their guests, a federal judge has held.

Northern District of New York Judge Lawrence E. Kahn held that the hotel was arguably negligent for kicking Jeffrey Dagen of Albany County out of the hotel when it knew he had been drinking, that he was unlikely to find other lodging and that he was 150 miles from home without a place to stay. He refused to dismiss the case.

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