Weissman v. City of New York

OPINION OF THE COURT

Ruben A. Martino, J.

*563Claimant sues defendant in this small claims case for loss of property due to defendant’s negligence and for services not rendered for monies paid. The case was tried before me on May 8, 2008. Claimant testified on his own behalf. The City of New York did not have any witnesses.

In 2005, claimant rented storage space at the West 79th Street Boat Basin which is owned and operated by the New York City Department of Parks & Recreation. The written agreement contains an exculpatory clause which states:

“I understand that the City of New York Parks &…