Thanks for visiting! Welcome to a new way to research case law. You are viewing a free summary from Descrybe.ai. For citation and good law / bad law checking, legal issue analysis, and other advanced tools, explore our Legal Research Toolkit — not free, but close.
Hutcher v. Madison Sq. Garden Entertainment Corp.
Citation: 2023 NY Slip Op 01646Docket: Index No. 653793/22 Appeal No. 17588-17589-M-912 Case No. 2022-05178, 2022-05318
Court: Appellate Division of the Supreme Court of the State of New York; March 28, 2023; New York; State Appellate Court
Original Court Document: View Document
Larry Hutcher and others (plaintiffs) appealed decisions from the Supreme Court, New York County, which had granted them a preliminary injunction against Madison Square Garden Entertainment Corp. (defendants) regarding access to their venues. The Appellate Division, First Department, reversed the lower court's ruling, stating that while Civil Rights Law § 40-b requires admission for individuals with valid tickets to theatrical performances or musical concerts on the event day, it does not apply to sporting events. The court emphasized that Madison Square Garden is only subject to this law when functioning as a concert hall or theatre, not as a sports arena. The court further noted that Civil Rights Law § 41 provides a monetary remedy for violations of § 40-b, implying that this remedy is exclusive. Consequently, the motion court's issuance of a preliminary injunction was improper since the plaintiffs could only seek monetary damages, undermining claims of irreparable harm. The appeal also allowed for the filing of an amicus curiae brief by the New York State Trial Lawyers Association, although the court rejected their argument to classify Madison Square Garden as a common carrier with limited exclusion rights. The decision and order were entered on March 28, 2023.