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Roberti v. Madison Sq. Garden Co.

Certain Demands for Discovery Are Relevant to False Arrest, Malicious Prosecution Claims

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The following e-filed documents, listed by NYSCEF document number (Motion 005) 161, 162, 163, 164, 165, 166, 167, 172 were read on this motion to STRIKE. DECISION + ORDER ON MOTION Plaintiff commenced this action on November 12, 2018, alleging that on November 12, 2017, he was wrongfully arrested by Police Officer Joel Mottola based upon the complaint of Naomi Stackpole, an employee of defendant the Madison Square Garden Company (“MSG”) (NYSCEF Doc. No. 1 [Compl. at 7]). Plaintiff was subsequently charged in the Criminal Court of the City of New York with criminal trespass in the third degree (Id.). On the date of his arrest, plaintiff received a ticket to a “Dead & Company” performance at the Madison Square Garden arena (the “Garden”) from a friend (Id. at 26). Plaintiff arrived late to the performance and entered the Garden through one of its “many nondescript and camouflaged side doors,” which was, at the time, open and unguarded (Id. at

27-28). Plaintiff asserts that when he entered the Garden, he had a ticket to the show for Section 104, Row 7, Seat 15, which he found and occupied (Id. at

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