New York Court of Appeals December 21, 2010 (Roddy v. Nederlander Producing Co. of America, Inc.)

OPINION OF THE COURT

Memorandum.

The order of the Appellate Division should be reversed, with costs, and plaintiff’s complaint as against defendants

*946Nederlander Producing Company of America, Inc. and The Gershwin Theatre reinstated.

Plaintiff did not have a full and fair opportunity to litigate the issue of defendants’ negligence.