Thursday, April 19, 2007

Arts and draughts

While plaintiff was delivering premium waters to the performance center's theater, the dolly tipped and he was injured by the falling bottles. The suit against the property owner was dismissed by the First Department, in Ragusa v. Lincoln Center for the Performing Arts, Inc., decided on April 12, 2007. "Defendants submitted evidence showing that they obtained all of the requisite permits for the installation of the sidewalk, that the slope of the sidewalk was constructed in compliance with the New York City Building Code, and that the necessary certificate of occupancy was obtained upon completion of construction. This met their burden on summary judgment." The court said that plaintiff failed to refute defendant's claims, and, when it ran the numbers, found that plantiff's expert's affidavit actually supported defendant's position.

The curtain falls.