Lawyer Pursuing MSG Over Ban Wins Partially at Trial
An attorney who sued Madison Square Garden. After being denied access because their company represents a group suing the company. The Garden and other MSG-owned venues are closed. It is partially successful in court on Monday.
Larry Hutcher and other attorneys from Davidoff Hutcher & Citron LLP are permitted to attend musical and theatrical performances. State Judge Lyle Frank in Manhattan claims that anyone can enter the Madison Square Garden, Radio City Music Hall, and the Beacon Theater so long as they have a valid ticket.
“Taking judicial notice that there is only one,” the court says Madison Square Garden, one Beacon Theater, and one Radio City Music Hall,” according to Frank. The plaintiff is therefore entitles to injunctive relief.
The decision does not apply to Garden games involving the New York Knicks or the New York Rangers. Hutcher, a more than 40-year Knicks season ticket holder, is contesting that aspect of the ruling and still wants to watch the Knicks play.
Hutcher, representing 90 other law firms and their clients in a lawsuit against MSG and its owner James Dolan, praised his partial victory.
This is a significant victory, Hutcher declared. “It’s a material departure from what MSG was arguing,”
In the lawsuit he filed last month. Hutcher claimed that MSG had refused to hire him and his partners. Because the firm was defending the company in a case brought by 24 ticket resellers accusing MSG of breaking New York’s Arts and Cultural Affairs Law.
Hutcher claimed that MSG canceled his season tickets. That claimed the right to completely bar him and the rest of the company from the Garden and the other venues.
MSG claimed in its response to the lawsuit that it has the right to exclude attorneys representing it in court. MSG promised to “vigorously defend” the rule in a statement on Monday, including by appealing the judge’s ruling.
The statement read, “It is not unreasonable. That We would want to protect our ability to shield ourselves from unauthorized disclosure and investigation while in active litigation.” “That is why we implemented this policy. We’ve said many times that impact lawyers allow back in our venues once the lawsuits are over.”
The judge ruled that the policy had no justification other than to deter lawyers from filing lawsuits.