CAGLIOSTRO v. MADISON SQUARE GARDEN, INC.

2789, 104704/07

73 A.D.3d 534 (2010)

901 N.Y.S.2d 222

DOMINIQUE CAGLIOSTRO, Respondent, v. MADISON SQUARE GARDEN, INC., Appellant.

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

Decided May 13, 2010.


Plaintiff's complaint and bill of particulars allege that the shoulder injury for which he seeks to recover was sustained when, attending a rock concert at defendant arena, he fell on a slippery floor that defendant negligently failed to maintain. Plaintiff's deposition testimony, however, was that after he slipped on a wet substance near his seat and hurt his back, he got up and was "walking it off" when he was approached by an employee of defendant, who, informed that plaintiff...

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