While attending a concert at the Ulster Performing Arts Center (UPAC), Lottie Knickerbocker fell down a flight of stairs and was injured.
When she later filed suit alleging that the theatre had been negligently maintained, the Ulster County Supreme Court granted UPAC's dismissal request.
Because the stairs were illuminated, the carpeting had no tears or defects, no one had ever complained about the carpeting, and, an usher saw Lottie's legs give out prior to the fall, the Appellate Division, Third Department, allowed the dismissal to stand.
Will there be no encore?
To view a copy of the Appellate Division's decision, please use this link: Knickerbocker v. Ulster Performing Arts Ctr.