The Court granted our pre-answer motion to dismiss the plaintiff’s complaint in the matter Ressel v. The City of New York, et al./Index No: 721759. The plaintiff, David Ressel alleges that he was injured on August 25, 2019 on the exterior staircase of the premises located at 131 West 55th Street in Manhattan. Our client, Alvin Ailey, entered into a theater rental and service agreement with the co-defendant, New York City Center, for the subject premises on April 25, 2019 with a limited rental period beginning on December 2, 2019 and ending on January 7, 2020. Judge Tracy Catapano-Fox held that the defendant, Alvin Ailey, established through the pleadings, the theater rental and service agreement, and affidavit of Pamela Robison that it was not in possession of the premises on the date of plaintiff’s accident, and therefore it cannot be liable for his injuries. The plaintiff and co-defendant New York City Center, Inc. failed to sufficiently rebut defendant’s documentary evidence. Their argument that defendant’s motion to dismiss is premature is without merit. In addition, the plaintiff and co-defendant’s argument that defendant Alvin Ailey may have rented the premises at an earlier time is speculative, and there is no documentary or testimonial proof to support this claim.