By Carla Varriale of Havkins, Rosenfeld, Ritzert & Varriale
In a recent decision from presiding Judge Kevin J. Kerrigan in the Supreme Court, Queens County, the Court granted defendant Sterling Mets, L.P.’s (“Sterling”) motion for summary judgment and dismissed all claims against it. Plaintiff alleged that on August 20, 2008, he sustained personal injuries during a fight with several unidentified individuals outside Shea Stadium (“the Stadium”), while leaving a New York Mets baseball game.
In support of its summary judgment motion, Sterling argued that it did not owe a duty as it was not responsible for providing security outside the Stadium. Sterling relied upon the Stadium Lease Agreement between the City of New York, along with the deposition testimony of its Director, Event Personnel and an Affidavit from its Director, of Stadium Operations. Further, Sterling argued that it did not owe a duty to plaintiff because the alleged assault by unidentified individuals was sudden, unexpected and not unforeseeable. Plaintiff and several non-party witnesses all testified that the incident occurred suddenly and unexpectedly. Accordingly, Sterling did not foresee the assault, particularly given that it occurred outside the Stadium, in an area that Sterling had no responsibility.
In opposition to Sterling’s motion for summary judgment, plaintiff claimed that Sterling owed a duty to secure the “Stadium Approach Area” pursuant to the Stadium Lease Agreement with the City. Plaintiff further alleged that Sterling breached its duty by failing to instruct the unidentified assailants to “stop at the gate.”
Judge Kerrigan granted Sterling’s motion for summary judgment, holding that Sterling met its burden of proof and demonstrated that it was not responsible for providing security outside the Stadium. Rather, it was the responsibility of the New York City Police Department to provide security outside the Stadium, including the walkways outside the turnstiles and the parking lot. The Court further held that the Stadium Lease Agreement granted the City the exclusive right to operate and control the parking lot outside of the Stadium. Finally, the Court held that plaintiff’s incident was unforeseeable as it resulted from a spontaneous fight between two groups of indentified individuals, and as such, Sterling did not owe a duty to prevent a sudden and unforeseeable assault.
Along with Varriale, HRRV attorneys Jarett L. Warner and Hilary R. Levine represented Sterling in the case.
Matthew Staudt v. Sterling Mets, LP d/b/a New York Mets, et al.; Supreme Court, Queens County; Index Number 22408/09; August 31, 2011
