EVANS v. PIKEWAY, INC.


7 Misc.3d 348 (2004)

793 N.Y.S.2d 861

JOHN N. EVANS et al., Plaintiffs, v. PIKEWAY, INC., Doing Business as JERICHO PLAZA FITNESS CENTER, et al., Defendants.

Supreme Court, Nassau County.

December 23, 2004.


Attorney(s) appearing for the Case

Rende, Ryan & Downes, LLP, White Plains, for Pikeway, Inc., defendant.

Cerussi & Spring, White Plains, for Janet Kaiser, defendant.

Manton, Sweeney, Gallo, Reich & Bolz, L.L.P., Rego Park, for plaintiffs.


OPINION OF THE COURT

UTE WOLFF LALLY, J.

This is an action to recover money damages for personal injuries allegedly sustained by plaintiff John N. Evans on October 31, 2002 while he was engaging in weight lifting exercises at the fitness center owned and operated by defendant Pikeway, Inc. At the time of the accident, plaintiff was using a weight machine and performing squats under the supervision of defendant...

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