Opinion
14381 Index No. 151656/16 Case No. 2021–00165
10-14-2021
Robert CANTOR, Plaintiff–Appellant, v. The MADISON SQUARE GARDEN COMPANY et al., Defendants–Respondents.
Ogen & Sedaghati, P.C., New York (Eitan Alexander Ogen of counsel), for appellant. Wilson, Elser, Moskowitz, Edelman & Dicker LLP, New York (Larry H. Lum of counsel), for respondents.
Ogen & Sedaghati, P.C., New York (Eitan Alexander Ogen of counsel), for appellant.
Wilson, Elser, Moskowitz, Edelman & Dicker LLP, New York (Larry H. Lum of counsel), for respondents.
Kapnick, J.P., Singh, Shulman, Pitt, Higgitt, JJ.
Order, Supreme Court, New York County (Arlene P. Bluth, J.), entered on or about August 12, 2020, which granted defendants’ motion for summary judgment dismissing the complaint, unanimously affirmed, without costs. Plaintiff commenced this action to recover for personal injuries he allegedly sustained while attending a hockey game at Madison Square Garden. Plaintiff alleged that he was seated behind plexiglass along the side of the ice rink when he was struck by a puck that was deflected over the ice rink's plexiglass barrier. The Supreme Court, in its well-reasoned opinion, properly determined that defendants met their prima facie burden through sufficient proof that they satisfied the duty of care owed to plaintiff (see Rosa v. County of Nassau, 153 A.D.2d 618, 619, 544 N.Y.S.2d 652 [2d Dept. 1989] ; see also Stern v. Madison Sq. Garden Corp., 226 A.D.2d 444, 445, 641 N.Y.S.2d 41 [2d Dept. 1996] ). We reject plaintiff's attempt to turn defendants into insurers of the safety of spectators seated behind the plexiglass ( Rosa at 619, 544 N.Y.S.2d 652 ).