Kblaze8855
02-20-2020, 12:42 PM
He claimed in his suit he was being unfairly targeted (https://nypost.com/2018/01/16/oakleys-suit-against-dolan-is-a-long-shot-judge/) for making jabs at Dolan, who was also in attendance, while personnel from the Garden claimed Oakley was drunk and belligerent.
On Wednesday, Judge Richard Sullivan sided with Dolan and MSG, saying Oakley failed to make a plausible legal argument to support his claims and ordered that the suit be dismissed.
“From its inception, this case has had the feel of a public relations campaign, with the parties seemingly more interested in the court of public opinion than the merits of their legal arguments. That is perhaps understandable, given the personal and public nature of the dispute,” Sullivan wrote.
“But while basketball fans in general, and Knicks fans in particular, are free to form their own opinions about who was in the right and whether Oakley’s ejection was motivated by something more than the whims of the teams owner, the fact remains that Oakley has failed to allege a plausible legal claim that can meet federal pleading standards.”
Sullivan also ruled Dolan and MSG had every right to kick Oakley out because they are the landlords of the stadium.
“Oakley grossly misunderstands the law concerning a landlord’s right to remove a trespasser from its property. The law is clear that the MSG defendants had the right to expel Oakley from the Garden and that his refusal to leave justified their use of reasonable force to remove him,” Sullivan wrote.
“Having refused to comply with Defendants’ lawful directive that he leave the premises, Oakley cannot cry foul merely because Garden security guards exercised the lawful right to remove him from the arena.”
In a statement, MSG praised the dismissal but acknowledged it was an “incident that no one was happy about.”
“Maybe now there can be peace between us,” the statement read.
On Wednesday, Judge Richard Sullivan sided with Dolan and MSG, saying Oakley failed to make a plausible legal argument to support his claims and ordered that the suit be dismissed.
“From its inception, this case has had the feel of a public relations campaign, with the parties seemingly more interested in the court of public opinion than the merits of their legal arguments. That is perhaps understandable, given the personal and public nature of the dispute,” Sullivan wrote.
“But while basketball fans in general, and Knicks fans in particular, are free to form their own opinions about who was in the right and whether Oakley’s ejection was motivated by something more than the whims of the teams owner, the fact remains that Oakley has failed to allege a plausible legal claim that can meet federal pleading standards.”
Sullivan also ruled Dolan and MSG had every right to kick Oakley out because they are the landlords of the stadium.
“Oakley grossly misunderstands the law concerning a landlord’s right to remove a trespasser from its property. The law is clear that the MSG defendants had the right to expel Oakley from the Garden and that his refusal to leave justified their use of reasonable force to remove him,” Sullivan wrote.
“Having refused to comply with Defendants’ lawful directive that he leave the premises, Oakley cannot cry foul merely because Garden security guards exercised the lawful right to remove him from the arena.”
In a statement, MSG praised the dismissal but acknowledged it was an “incident that no one was happy about.”
“Maybe now there can be peace between us,” the statement read.