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GILSON v. METROPOLITAN OPERA

5 N.Y.3d 574 (2005)

841 N.E.2d 747

807 N.Y.S.2d 588

ESTELLE GILSON et al., Appellants, v. METROPOLITAN OPERA, Respondent, et al., Defendants.

Court of Appeals of the State of New York.

Decided November 22, 2005.

Attorney(s) appearing for the Case

Mischel & Horn, P.C., New York City (Scott T. Horn of counsel), and Law Offices of John C. Dearie & Associates for appellants.

McCabe, Collins, McGeogh & Fowler, LLP, Carle Place (Patrick M. Murphy of counsel), for respondent.

Before: Chief Judge KAYE and Judges ROSENBLATT, GRAFFEO, READ and R.S. SMITH concur with Judge CIPARICK; Judge G.B. SMITH dissents and votes to reverse in a separate opinion.

OPINION OF THE COURT

CIPARICK, J.

According to plaintiffs, on December 3, 2001, plaintiff Estelle Gilson attended a performance at the Metropolitan Opera. She sat in the aisle seat in the same row where Donald Taitt (who suffers from Parkinson's disease and walked unsteadily) and his wife were seated. During the 20-minute intermission, plaintiff left her seat, and returned prior to the second act. The Taitts...

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