PUTRINO v. BUFFALO ATHLETIC CLUB


82 N.Y.2d 779 (1993)

624 N.E.2d 676

604 N.Y.S.2d 539

Kathleen L. Putrino, as Administratrix of The Estate of Carmin R. Putrino, Deceased, Appellant, v. Buffalo Athletic Club, Respondent.

Court of Appeals of the State of New York.

Decided October 14, 1993.


Attorney(s) appearing for the Case

Weissfeld, Weissfeld & Weissfeld, Buffalo (Richard Weissfeld of counsel), for appellant.

Lustig & Brown, Buffalo (John A. Ziegler of counsel), for respondent.

Chief Judge KAYE and Judges SIMONS, TITONE, HANCOCK, JR., BELLACOSA, SMITH and LEVINE concur.


MEMORANDUM.

The order of the Appellate Division should be affirmed, with costs. Plaintiff put forth no evidence that defendant's aerobics classroom is a "place of public assembly" subject to statutory liability under Labor Law § 470. Moreover, even if the entire facility were shown to be a "place of public assembly", the liability imposed is merely a codification of common law and the claim is no more viable than plaintiff...

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