Kavanagh v. Vigario

Order, Supreme Court, Bronx County (Kenneth Thompson, J.), entered October 15, 2002, which denied defendants-appellants’ motion for summary judgment dismissing the complaint as against them, unanimously affirmed, without costs.

According to the complaint, plaintiff was assaulted by the Vigario defendants at Yankee Stadium during a baseball game. It is alleged that for three innings prior to the assault the Vigarios had been smoking and that when plaintiff requested that they stop they became verbally abusive. Plaintiff, at that point, asked a stadium security guard employed by defendant Burns…