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MATHIS v. NEW YORK HEALTH CLUB, INC.

261 A.D.2d 345 (1999)

690 N.Y.S.2d 433

KENNETH MATHIS, Respondent, v. NEW YORK HEALTH CLUB, INC., Doing Business as NEW YORK HEALTH AND RACQUET CLUB, et al., Appellants.

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

Decided May 27, 1999.

Plaintiff was allegedly injured while using a weight training machine and has named as defendants herein the health club in which his injury occurred and the trainer who was supervising his training at the time of the injury. Defendants have moved to dismiss the complaint, claiming in support of their motion that plaintiff voluntarily assumed the risks that materialized in his injury. While it is clear that plaintiff, who was not...

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