Summary Judgment – Essex County, New Jersey

Carmitropoulo v. Borgata Hotel Casino & Spa
In Carmitropoulo v. Borgata Hotel Casino & Spa, the plaintiff asserted five causes of action against the Borgata as a result of his eviction from the Club Mur Mur on September 22, 2006, in Atlantic City, New Jersey. The plaintiff was evicted from the hotel and casino as a result of a complaint of assault from a hostess at the Club Mur Mur, within the Borgata. The plaintiff asserted claims of defamation, false imprisonment, intentional infliction of emotional distress, invasion of privacy and negligence. Prior to trial, Eric Malinowski moved for summary judgment on all claims, arguing that there was no evidence to support any of the plaintiff’s claims as the Borgata staff responded appropriately in evicting the plaintiff as a result of the assault on the hostess.

Essex County Superior Court Judge Alfonse Cifelli agreed and dismissed all claims against the Borgata. The Court held that the evidence indicated that the plaintiff did assault the hostess and therefore the claims of defamation and intentional infliction of emotional distress were dismissed. The Court also found that the plaintiff went willingly with the Borgata staff and thus could not maintain a claim for false arrest and that the Borgata did not commit an invasion of privacy when it examined the plaintiff’s driver’s license prior to his eviction. Finally, the Court held that the Borgata did not owe any duty to the plaintiff to support a claim of negligence.