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CORRIGAN v. MUSCLEMAKERS, INC.

258 A.D.2d 861 (1999)

686 N.Y.S.2d 143

NORMA J. CORRIGAN, Respondent, v. MUSCLEMAKERS, INC., Doing Business as GOLD'S GYM, Appellant.

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

Decided February 25, 1999.

Carpinello, J.

On April 12, 1996, plaintiff joined defendant's health and fitness facility in the Town of Guilderland, Albany County, known as Gold's Gym. Included in her $400 annual membership fee were three, one-hour sessions with a personal trainer. On her first visit to the facility, she met with a personal trainer who, in the latter part of their one-hour session, placed her on a treadmill, set the machine at 3.5 miles per hour for 20 minutes and left her unattended...

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