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 affirmative duty to escort an infirm patron and that violation of its internal lighting guidelines does not constitute negligence. The dissent argued that material factual issues regarding duty and lighting existed and should preclude summary judgment.