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JUDGMENT Negligent Security – Alleged inadequate security at hip hop concert – Plaintiff slashed across face with box cutter after dispute with performer's entourage – Laceration and scar from chin to ear.

New York County, NY

The plaintiff, who attended a hip hop concert, contended that the defendant theater negligently failed to provide adequate security. The plaintiff contended that as a result, a box cutter was smuggled into the theater. The plaintiff, who testified that he knew one of the performers, maintained that after he was in the "VIP" section for a period, he became embroiled in a verbal altercation when the performer decided he should leave. The plaintiff contended that as the entourage was about to escort him out, one of the members took out the box cutter and slashed him.

The plaintiff contended that had proper security been provided, the weapon would not have been smuggled into the theater. The defendant maintained that it required each concert goer, performer and members of the performers’ entourage to walk through a metal detector and be "wanded," irrespective of whether they set off the metal detector.

The defendant contended that it acted reasonably as a matter of law and that the incident occurred despite proper security. The defendant further contended that the attack on plaintiff was an extraordinary, unanticipated and unexpected act and that it should not be liable for such an allegedly unforeseeable occurrence.The trial court granted the defendant’s motion for summary judgment. This decision was affirmed by the Appellate Division.

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