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Case 4: Weissman v. City of New York, 860 N.Y.S.2d 393 (N.Y. Civ. Ct. 2009) (Prenkert, 18 th Ed., p. 23-15) (Chap 23) In 2005, Ken Weissman rented storage space at the West 79th Street Boat Basin, which is owned and operated by the City of New York Parks \& Recreation Department. The written agreement contained an exculpatory clause that stated: I understand that the City of New York Parks \& Recreation Department will not be responsible for any damages incurred to my vessel while at the dinghy dock or while in the facility at the 79th Street Boat Basin, and that I store my vessel at my own risk. The policy and practice at the facility was that users would store their vessels in an enclosed cage-like structure that had storage bins. Each user had a key to the storage area and had unrestricted access. Within the cage, users could further secure their vessels to the bin with their own devices such as chain and lock. In 2007, Weissman had two brand-new kayaks stolen from the caged area. The lock to the caged area was intact but his kayaks and locks were missing. Weissman reported this theft to the police, staff, and management. He indicated to the Boat Basin that he was no longer going to use the facility because of the theft. The manager of the facility spoke to him and urged him to continue to use the facility because they were changing their practice and policy by adding more security measures. Only West 79th Street Boat Basin employees would have keys to the caged storage area. Users no longer had unrestricted access and would have to get an employee to escort them, open the lock, and admit them to the storage area. Security cameras were going to be installed. The Boat Basin posted a notice with the new changes, which said