HOFFLICH v. MENDELL


235 A.D.2d 784 (1997)

652 N.Y.S.2d 659

Joel A. Hofflich, Appellant, v. Werner Mendell et al., Respondents

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

January 16, 1997


Yesawich Jr., J.

Plaintiff was injured when he fell from a recreational apparatus known as the Alpine Tower, which was located at defendant New Age Health Spa in Sullivan County. The tower, a 50-foot-high tripod constructed of logs similar to utility poles, has three horizontal log beams connected near the base of the poles, approximately 2½ to 3 feet above the ground. On the day plaintiff was injured, the tower was being used for the first time...

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