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QUINN v. HOLIDAY HEALTH & FITNESS CENTERS OF NEW YORK, INC.

15 A.D.3d 857 (2005)

789 N.Y.S.2d 782

DAVID J. QUINN et al., Appellants, v. HOLIDAY HEALTH & FITNESS CENTERS OF NEW YORK, INC., Doing Business as BALLY TOTAL FITNESS, Respondent.

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

February 4, 2005.

Memorandum: David J. Quinn (plaintiff) allegedly slipped on an unknown substance and fell on a stairway landing at a health club operated by defendant. Plaintiff had not seen the substance when he walked up the stairs approximately 10 minutes earlier, nor could he see it when he slipped on it. Only when he was on his hands and knees in the substance could he see it, as it was a "murky" substance on the landing. Plaintiffs commenced this action to recover damages for personal...

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