Cutrone v. Monarch Holding Corp.

749 N.Y.S.2d 280 (2002)

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Cutrone v. Monarch Holding Corp.

New York Supreme Court, Appellate Division
749 N.Y.S.2d 280 (2002)

Facts

Frank Cutrone (plaintiff) was injured while watching a roller hockey tournament when Christopher Ruggiero (defendant) assaulted Cutrone. Ruggiero had played in the game but was sitting in the stands after having been ejected from the game. Without warning or provocation, Ruggiero began yelling at Cutrone; Ruggiero then threw a garbage can in Cutrone’s direction and ran 15 to 20 feet to confront Cutrone before hitting Cutrone in the back with a hockey stick, punching Cutrone, and hitting Cutrone in the back and head with a metal folding chair. Cutrone and Ruggiero had no prior history with each other, nor had there been any prior similar incidents at the arena. Cutrone sued Ruggiero, Monarch Holding Corporation, and Rapid Fire Arena (collectively, Rapid Fire) (collectively, defendants), the arena’s owner and operator, alleging, among other things, that Rapid Fire was negligent by failing to provide adequate security. Rapid Fire moved for summary judgment on the ground that Rapid Fire’s employees could not have reasonably anticipated or otherwise prevented Ruggiero’s attack on Cutrone. The trial court granted summary judgment to Rapid Fire. Cutrone appealed.

Rule of Law

Issue

Holding and Reasoning (Per curiam)

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