Opinion
April 30, 1996
Appeal from the Court of Claims (Christopher Mega, J.).
In an action seeking to recover for personal injuries sustained by claimant when, as a spectator at a basketball game played at a college campus owned by defendant, a fight broke out during the course of the game, issues of fact exist precluding summary judgment, including whether the fight was foreseeable; if so, whether defendant failed to provide adequate security to prevent it; and, if not, whether such breach of duty was a proximate cause of claimant's injury ( see, Rotz v. City of New York, 143 A.D.2d 301; Shtekla v. Topping, 23 A.D.2d 750, 751).
Concur — Sullivan, J.P., Milonas, Ellerin, Nardelli and Williams, JJ.