New York Court of Appeals

Estelle Gilson, Appellants v. Metropolitan Opera, Respondent, Defendants

November 22, 20055 N.Y.3d 574

Summary

The New York Court of Appeals affirmed the Appellate Division's dismissal, holding that the Metropolitan Opera owed no duty to escort an infirm patron and therefore summary judgment was proper. The Court reasoned that extending such a duty would create limitless liability and that internal staff rules do not create a negligence standard. Justice G.B. Smith dissented, arguing that material factual issues existed regarding the Opera's duty to provide assistance and lighting.