ABATO v. COUNTY OF NASSAU


65 A.D.3d 1268 (2009)

886 N.Y.S.2d 218

PATRICIA J. ABATO et al., Respondents, v. COUNTY OF NASSAU et al., Appellants, et al., Respondents.

Appellate Division of the Supreme Court of New York, Second Department.

Decided September 29, 2009.


Ordered that the order is affirmed, with costs.

The plaintiff Patricia J. Abato (hereinafter the plaintiff) allegedly was injured when, while attending a charity ice hockey game at Nassau Veterans Memorial Coliseum, she was knocked to the floor by other spectators attempting to retrieve a souvenir T-shirt that had been tossed into the stands from the ice. To prevail on their motion for summary judgment dismissing the complaint, the appellants were required to establish...

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