Hutcher v Madison Sq. Garden Entertainment Corp. 2022 NY Slip Op 34417(U)
December 23, 2022 Supreme Court, New York County Docket Number: Index No. 653793/2022 Judge: Lyle E. Frank is already a famous case. Banned from MSG, these attorneys took to the courts.
The present action anses out of Defendant MADISON SQUARE GARDEN ENTERTAINMENT CORP.’s (“MSG”) policy related to denying entry to its premises to attorneys associated with lawsuits against it. Plaintiffs are all such attorneys, bringing the present action to seek an order to: (1) enjoin and restrain Defendants from taking any action that may adversely impact Hutcher’ s Season Tickets, and lifting MSG’ s ban on Plaintiffs from entering MSG Venues; (2) declare MSG’ s decision to revoke Hutcher’ s Season Tickets to be in violation of ACAL §25.30(2); (3) declare MSG’s decision to ban Plaintiffs from MSG Venues to be in violation of CRL §40-b plus damages; (4) declare MSG’s decision to revoke Hutcher’s Season Tickets to be in violation of ACAL §25.30(2) and Defendants’ decision to ban Plaintiffs to be in violation of CRL §40-b; (5) Damages arising out of alleged Prima Facie Tort Against MSG; (6) Damages arising out of alleged Violation of Judiciary Law §487 Against Weidenfeld; (7) Damages arising out of alleged Tortious Interference with Business Relations Against MSG; and (8) Damages arising out of alleged Aiding and Abetting in Violation of CRL §40-b Against Weidenfeld.
Defendants now move to dismiss Plaintiffs’ complaint in its entirety.”
Here, Plaintiffs fail to show both the first and the third prong of the CapLOC test, as the
allegations are vague and conclusory and fail to identify a specific business relationship that was allegedly adversely affected, nor do they show that defendants acted with the sole purpose of harming the plaintiff. This seventh cause of action is accordingly dismissed. It is therefore 0RDERED that the motion to dismiss is granted with regards to Plaintiffs’ causes of action one, two, five, six, and seven only, and denied as to the remaining counts.”