Gilson v Metropolitan Opera
2005 NY Slip Op 00099
Decided on January 11, 2005
Appellate Division, First Department
Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431.
This opinion is uncorrected and subject to revision before publication in the Official Reports.


Decided on January 11, 2005
Saxe, J.P., Sullivan, Ellerin, Nardelli, Sweeny, JJ.
4346

[*1]Estelle Gilson, et al., Plaintiffs-Respondents,

v

Metropolitan Opera, Defendant-Appellant, Lincoln Center for the Performing Arts, Inc., et al., Defendants.





McCabe, Collins, McGeough & Fowler, LLP, Mineola (Patrick
M. Murphy of counsel), for appellant.
Law Offices of John C. Dearie & Associates, New York
(Timothy F.X. Jones of counsel), for respondents.

Order, Supreme Court, Bronx County (Janice L. Bowman, J.), entered on or about April 21, 2004, reversed, on the law, without costs, defendants' motion insofar as it sought summary judgment dismissing the complaint against defendant Metropolitan Opera granted, and the complaint against that defendant dismissed. The Clerk is directed to enter judgment accordingly.

Opinion by Saxe, J.P. All concur except Ellerin and Sweeny, JJ. who dissent in an Opinion by Sweeny, J.

Order filed.