Garrett v. Learning Annex, Inc.
Court: Appellate Division of the Supreme Court of the State of New York; March 19, 1997; New York; State Appellate Court
The Supreme Court of New York County, under Justice Leland DeGrasse, issued an order on October 16, 1995, granting The Learning Annex’s motion for summary judgment to dismiss the complaint and all claims against it. The court affirmed this decision unanimously and without costs. The ruling concluded that The Learning Annex was not liable for the actions of Ice Studio, which it had hired as an independent contractor, aligning with precedent set in Kleeman v Rheingold. The court found no evidence indicating that The Learning Annex exercised control over the ice skating classes, had a duty to maintain the premises where the plaintiff was injured, or that any actions or omissions by The Learning Annex directly caused the plaintiff's injuries. Furthermore, no alternative theories of liability against The Learning Annex were established. Justices Rosenberger, Wallach, Williams, and Andrias concurred with the decision.