The Fourth Department, over a dissent, determined there was question of fact whether a fight at a youth hockey game, in which plaintiffs were injured, was foreseeable from the perspective of the Rome Youth Hockey Association (RYHA) which leased part of the facility where the fight broke out:
…[T]here is an issue of fact whether the duty of RYHA to plaintiffs included the duty to protect plaintiffs from Ricci's conduct … . “Foreseeability . . . determines the scope of [a] duty once it is determined to exist” … and, given the hostile environment in the arena before the fight, there is an issue of fact whether RYHA knew or should have known of the likelihood of the fight … . Here, the tensions in the stands built throughout the game such that we conclude that a trier of fact should determine whether RYHA had a duty to intercede and protect plaintiff … . Pink v Ricci, 2015 NY Slip Op 01077, 4th Dept 2-6-15