Pat Roddy slipped and was injured during a dance performance at the Gershwin Theatre. (Apparently, the floor was wet from liquid emanating from a dry ice machine used to simulate fog.)
When he sued the Gershwin, the Nederlander Producing Company of America, and his employer, Abhann Productions, the latter was let out of the case because Roddy was covered by worker's compensation. And when the New York County Supreme Court let Gershwin off as well, Roddy marched to the Appellate Division, First Department.
Apparently, the AD1 had seen this act before and, in a prior appeal, had found Gershwin free of liability for what had happened.
Despite having "a full and fair opportunity" to be heard, Roddy chose not to tango when Gershwin's request to be released from the case was made. Since that prior outcome was "the law of the case," the AD1 wasn't about to sit through that dance again.
The AD1 sure pulled the curtain on Roddy.
To view a copy of the Appellate Division's decision, please use this link: Roddy v. Nederlander Producing Co. of Am., Inc.