GABAK v. FINGER LAKES TENNIS CLUB, INC.


238 A.D.2d 945 (1997)

661 N.Y.S.2d 144

Sherry Gabak et al., Appellants, v. Finger Lakes Tennis Club, Inc., Respondent

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

April 25, 1997


Order unanimously affirmed without costs.

Memorandum:

Sherry Gabak (plaintiff) sustained injuries when she slipped while playing tennis at an indoor facility owned by defendant. She alleged that the tennis court was wet because of a leaky roof. Defendant moved for summary judgment on the ground of assumption of risk. Supreme Court properly granted the motion.

Plaintiff admitted that she played regularly at defendant's facility and that, in the two...

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