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MAHESHWARI v. CITY OF NY

2 N.Y.3d 288 (2004)

810 N.E.2d 894

778 N.Y.S.2d 442

RAM KRISHNA MAHESHWARI et al., Appellants, v. CITY OF NEW YORK et al., Respondents, et al., Defendants.

Court of Appeals of the State of New York.

Decided May 6, 2004.

Attorney(s) appearing for the Case

Nitkewicz & McMahon, LLP, Commack (Edward J. Nitkewicz and Jinan M. Arafat of counsel), for appellants.

Michael A. Cardozo, Corporation Counsel, New York City (Julian L. Kalkstein and Larry A. Sonnenshein of counsel), for City of New York, respondent.

Law Office of Ted M. Tobias, New York City (Milagros A. Matos of counsel), for Delsener/Slater Enterprises, Ltd., respondent.

Chief Judge Kaye and Judges G.B. Smith, Ciparick, Graffeo, Read and R.S. Smith concur.

OPINION OF THE COURT

ROSENBLATT, J.

Randomly and without provocation, four unidentified hoodlums attacked plaintiff in the parking lot at a music festival in a New York City park. We must decide whether plaintiff may hold the City and the concert producer liable.

On July 10 and 11, 1996, defendant Delsener/Slater produced a Lollapalooza concert at Downing Stadium, a facility owned by defendant City of New York, on Randall's Island. The festival included...

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