CIOFALO v. VIC TANNEY GYMS, INC.


13 A.D.2d 702 (1961)

Joanne L. Ciofalo et al., Appellants, v. Vic Tanney Gyms, Inc., Respondent

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

April 24, 1961


Defendant, by way of affirmative defense, pleaded in its answer that the agreement between it and plaintiff provided in part that it: "shall not be liable for any damages arising from personal injuries sustained by * * * in, on or about the premises * * * resulting from or arising out of the * * * use or intended use of said gymnasiums or the facilities and equipment thereof, including * * * any claims for personal injuries resulting from or arising out of the negligence...

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