ALQURASHI v. PARTY OF FOUR, INC.

2011-00560.

89 A.D.3d 1047 (2011)

934 N.Y.S.2d 214

2011 NY Slip Op 8716

RAMI ALQURASHI, Respondent, v. PARTY OF FOUR, INC., Doing Business as SUNRISE FITNESS CENTER, Appellant.

Appellate Division of the Supreme Court of New York, Second Department.

Decided November 29, 2011.


Ordered that the order is affirmed, with costs.

The plaintiff allegedly sustained personal injuries while he was exercising at the defendant's gym with what he described as a set of 140-pound dumbbells, consisting of seven 10-pound metal plates on each side of a metal bar. The doctrine of primary assumption of risk provides that a voluntary participant in a sporting or recreational activity "consents to those commonly appreciated risks which are inherent in and arise...

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