Bianchini v. Incorporated Village of Northport

On March 26, 1982, at approximately 9:30 p.m. the 15-year-old plaintiff was present in the defendant theater when the theater’s personnel received a telephone call advising that a bomb had been placed in the theater. All of the patrons were safely evacuated from the premises. The infant plaintiff allegedly was struck and injured by a motor vehicle operated by another of the named defendants while she was crossing the street in front of the theater, and she thereafter commenced the instant action against several defendants, including the defendant theater.

The theater subsequently moved for…