Hering v. New York Yankees
New York Supreme Court, Appellate Division
560 N.Y.S.2d 455 (1990)
- Written by Steven Pacht, JD
Facts
At a New York Yankees (Yankees) (defendant) home game, Joseph Arouni, an allegedly drunk fan, punched Dominica Hering (plaintiff) in the face. In the course of the resulting 10-to-15-minute fight between Hering’s friends and Arouni and his friends, Arouni threw Hering down 12 rows of seats, causing her to injure her knee and ankle. Security at Yankee Stadium was provided by a Yankees’ subsidiary, River Operating Company, Inc. (River), which contracted with the Security Officers & Guards Union (union) (defendant) to provide guards. Pursuant to the collective-bargaining agreement between the union and River, River had exclusive authority to manage, direct, and supervise the guards. Hering sued the union and the Yankees, alleging, among other things, that the union was negligent because Arouni and his friends were drunk and rowdy even before the fight and no security guard intervened to stop the fight until she was bleeding and unconscious. The union moved for summary judgment, which the trial court denied. The union appealed.
Rule of Law
Issue
Holding and Reasoning (Per curiam)
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