BARNES-JOSEPH v. SMITH

2758, 305176/08

73 A.D.3d 494 (2010)

901 N.Y.S.2d 594

MAKEDA BARNES-JOSEPH, Appellant, v. REMY K. SMITH et al., Defendants, and UNIVERSAL MUSIC GROUP, INC., et al., Respondents.

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

Decided May 11, 2010.


This matter arises from the shooting of plaintiff by defendant Remy K. Smith, a hip-hop artist whose persona has been described as violent and antisocial. Plaintiff alleges that defendants-respondents negligently created and promoted her violent persona for profit but failed to take precautions to prevent her from injuring plaintiff, a guest at Smith's birthday party. To the extent plaintiff's allegations support a claim for negligent hiring, defendants-respondents met their...

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