Legal Opinion

Napolitano v. Madison Square Garden Center, Inc.

Appellate Terms of the Supreme Court of New York

Decided April 29, 2003Published

1Opinion of the Court

OPINION OF THE COURT

2Per curiam

Order entered February 11, 2002 affirmed, with $10 costs.

*660Plaintiff allegedly was injured while attending a New York Rangers hockey game during an altercation with another spectator. Summary judgment dismissing plaintiffs common-law negligence cause of action against defendant Madison Square Garden Center was properly granted, since the record evidence, including the parties’ deposition testimony, shows only that the altercation at issue was a spontaneous and unexpected event (see, Elba v Billie’s 1890 Saloon, 227 AD2d 438 [1996]; Scotti v W.M. Amusements, 226 AD2d 522…

3Cases cited7 opinions

  1. Florman v. City of New YorkAppellate Division of the Supreme Court of the State of New York · 2002
  2. David v. New York City Housing AuthorityAppellate Division of the Supreme Court of the State of New York · 2001
  3. Pizzaro v. City of New YorkAppellate Division of the Supreme Court of the State of New York · 1992
  4. Scotti v. W.M. Amusements, Inc.Appellate Division of the Supreme Court of the State of New York · 1996
  5. Elba v. Billie's 1890 Saloon, Inc.Appellate Division of the Supreme Court of the State of New York · 1996

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