KRAMARIK v. TRAVELERS


25 A.D.3d 960 (2006)

808 N.Y.S.2d 807

ROBERT J. KRAMARIK, JR., Doing Business as BOBBY K ENTERTAINMENT, Respondent-Appellant, v. TRAVELERS, Also Known as CHARTER OAK FIRE INSURANCE COMPANY, Appellant-Respondent, et al., Defendants.

Appellate Division of the Supreme Court of the State of New York, Third Department.

January 19, 2006.


Mercure, J.P.

Plaintiff owns and operates Bobby K Entertainment, a disc jockey entertainment company that was hired to provide a foam pit dance party at the State University of New York at Fredonia in May 1997. A foam pit is a vinyl dance floor with 2½ foot inflatable sides that is filled with a foam bubble liquid. While entering the pit, Karen Zahm fell, hitting her head on the vinyl bottom and fracturing several vertebrae. Thereafter, Zahm commenced a personal...

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