FORNABAIO v. BEACON BROADWAY CO., LLC

Index No. 152486/16. Appeal No. 12451. Case No. 2019-05146.

188 A.D.3d 565 (2020)

135 N.Y.S.3d 402

2020 NY Slip Op 06853

Anthony Fornabaio et al., Respondents, v. Beacon Broadway Company, LLC, et al., Appellants-Respondents, and Sports & Entertainment Physicians, P.C., Respondent-Appellant, et al., Defendants.

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

Decided November 19, 2020.


Plaintiff Anthony Fornabaio and his wife were attending a concert at defendant Beacon's venue. Shortly after the concert began, plaintiff passed out in his seat, regained consciousness with his wife shaking him awake, and immediately passed out again. The Beacon security supervisor and a Transcare EMT responded via a radio call to where plaintiff was seated. Plaintiff was described as slumped in his seat with his eyes closed. Questions posed by the EMT technician determined...

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