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WEITHOFER v. UNIQUE RACQUETBALL & HEALTH CLUBS, INC.

211 A.D.2d 783 (1995)

621 N.Y.S.2d 384

Rolf Weithofer, Respondent, v. Unique Racquetball and Health Clubs, Inc., Appellant

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

January 30, 1995

Ordered that the order is reversed, on the law, with costs, the defendant's motion is granted, and the complaint is dismissed.

The plaintiff slipped and injured himself while playing "walleyball" on an indoor court operated by the defendant Unique Raquetball and Health Clubs, Inc. According to the plaintiff, the court was damp and covered with water puddles. Despite this condition, the plaintiff chose to play anyway and...

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