GILMAN v. MOLLY FOX STUDIOS, INC.


225 A.D.2d 404 (1996)

640 N.Y.S.2d 3

Rowann Gilman, Appellant, v. Molly Fox Studios, Inc., Doing Business as Molly Fox Fitness Center, et al., Respondents

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

March 19, 1996


Plaintiff was injured when she fell over a coparticipant in an aerobics class conducted by defendants. Even assuming, arguendo, that the accident resulted from an allegedly overcrowded class, plaintiff admittedly attended 10 previous classes of the same size and had not complained about overcrowding. Thus, plaintiff, by her voluntary participation in the class, consented to the activity allegedly resulting in her injury, the risk of which was a foreseeable consequence of...

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