PALMIERI v. RINGLING BROS. & BARNUM & BAILEY COMBINED SHOWS INC.


237 A.D.2d 589 (1997)

655 N.Y.S.2d 646

Carolyn Palmieri et al., Appellants, v. Ringling Brothers and Barnum and Bailey Combined Shows Inc. et al., Respondents

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

March 31, 1997


Ordered that the order is affirmed, with costs.

The plaintiffs contend that the Supreme Court erred in granting the defendants' motion for summary judgment because issues of fact exist as to whether the defendants breached their duty to take adequate crowd control measures to protect patrons exiting Madison Square Garden after a circus performance. We disagree. Where a plaintiff's negligence claim is premised on the theory that his or her injuries were caused by overcrowding...

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