O'NEIL v. HOLIDAY HEALTH & FITNESS CENTERS OF NEW YORK, INC.


5 A.D.3d 1009 (2004)

773 N.Y.S.2d 724

ALBERT O'NEIL, Appellant, v. HOLIDAY HEALTH & FITNESS CENTERS OF NEW YORK, INC., Doing Business as BALLY'S TOTAL FITNESS, Respondent.

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

March 19, 2004.


It is hereby ordered that the order so appealed from be and the same hereby is unanimously reversed on the law without costs, the motion is denied and the amended complaint is reinstated.

Memorandum:

Plaintiff commenced this action seeking to recover damages for injuries he sustained when he slipped and fell in a locker room "walkway" at a health club owned by defendant. According to plaintiff, the location where he fell was adjacent to the shower room and...

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