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Dunbar v. Madison Square Garden, L.P.

Other Lower Courts

February 13, 2008

Margaret Dunbar, Carl Shannon, Plaintiff(s),
v.
Madison Square Garden, L.P., Cablevision Systems Corporation, Live Nation Worldwide, Inc., Live Nation Concerts, Inc., and Does 1-10 Inclusive, Defendant(s).

Editorial Note:

This case is not published in a printed volume and its disposition appears in a table in the reporter.

COUNSEL

Attorney for the plaintiffs is Uwem Umoh, Esq.

Attorneys for the defendants are Havkins Rosenfeld Ritzert & Varriale, LLP by Carmen A. Nicolaou, Esq., of counsel.

OPINION

Robert J. Miller, J.

In this action, plaintiffs Margaret Dunbar ("Dunbar") and Carlson Shannon ("Shannon") move for a default judgment against Madison Square Garden, L.P. ("MSG), Cablevision Systems Corporation (Cablevision), Live Nation Worldwide, Inc. and Live Nation Concerts, Inc. (collectively "Live Nation") for failure to interpose an answer to the second amended complaint. The complaint alleges four causes of action, three sounding in negligence and one in intentional tort all of which arose out of an altercation between plaintiffs and other patrons at a Mary J. Blige concert promoted by Live Nation at MSG on July 21, 2006.

All of the defendants cross move to dismiss the complaint on the grounds that (1) the complaint was amended on the second occasion in contravention of CPLR 1003; (2) the statute of limitations has expired as to the second cause of action for false imprisonment; and (3) in the alternative for an order dismissing the complaint against Live Nation pursuant to CPLR 3211(a)(7) for failure to state a cause of action.

Plaintiffs filed a summons and complaint on April 20, 2007 with the following caption:

MARGARET DUNBAR; CARLSON SHANNON, Plaintiffs,

-against-

MADISON SQUARE GARDEN, L.P.; SUMMONS CABLEVISION SYSTEMS CORPORATION And DOES 1-10 INCLUSIVE Defendant(s)

On June 19, 2007, plaintiffs filed an amended summons and complaint with ...


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