KAVANAGH v. VIGARIO


309 A.D.2d 640 (2003)

765 N.Y.S.2d 627

PATRICIA KAVANAGH, Respondent, v. MARLENE VIGARIO et al., Respondents, and NEW YORK YANKEES PARTNERSHIP et al., Appellants.

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

Decided October 23, 2003.


According to the complaint, plaintiff was assaulted by the Vigario defendants at Yankee Stadium during a baseball game. It is alleged that for three innings prior to the assault the Vigarios had been smoking and that when plaintiff requested that they stop they became verbally abusive. Plaintiff, at that point, asked a stadium security guard employed by defendant Burns International to intervene, which the guard did, but only to the extent of asking the Vigarios to stop the...

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