MATHIS v. NEW YORK HEALTH CLUB, INC.


288 A.D.2d 56 (2001)

732 N.Y.S.2d 341

KENNETH MATHIS, Appellant, v. NEW YORK HEALTH CLUB, INC., et al., Respondents.

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

Decided November 13, 2001.


The trial court properly responded to a jury note inquiring as to the "standard for negligence with respect to the conduct of [defendant] health club" by reading back its original charge concerning an employer's duty to use reasonable care in the employment, training and supervision of its employees. The note does not indicate that the jury was in need of reinstruction on any other aspect of the negligence charge.

Plaintiff's other points are also unavailing. The...

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