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GILSON v. METROPOLITAN OPERA

15 A.D.3d 55 (2005)

788 N.Y.S.2d 342

ESTELLE GILSON et al., Respondents, v. METROPOLITAN OPERA, Appellant, et al., Defendants.

Appellate Division of the Supreme Court of the State of New York, First Department.

January 11, 2005.

Attorney(s) appearing for the Case

McCabe, Collins, McGeough & Fowler, LLP, Mineola (Patrick M. Murphy of counsel), for appellant.

Law Offices of John C. Dearie & Associates, New York City (Timothy F.X. Jones of counsel), for respondents.

Sullivan and Nardelli, JJ., concur with Saxe, J.P.; Ellerin and Sweeny, JJ., dissent in a separate opinion by Sweeny, J.

OPINION OF THE COURT

SAXE, J.P.

When a disabled opera patron, experiencing physical difficulty in maneuvering into his seat in the darkened opera house, falls into another patron, knocking her down and causing her injuries, regardless of how unfortunate the accident and its consequences may be, the injured audience member does not have a viable negligence claim against the opera house, in the absence of some breach of duty not present here. The claim that...

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