CARUSO v. JOHN STREET FITNESS CLUB, LLC


34 A.D.3d 296 (2006)

824 N.Y.S.2d 255

NICK CARUSO, Appellant, v. JOHN STREET FITNESS CLUB, LLC, et al., Respondents, et al., Defendants.

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

Decided November 14, 2006.


Plaintiff, a John Street Fitness Club member who passed out in the club's steam room and sustained burns on his back, brought this products liability action against the club, the owner of the building where the club was located, the managing agent of the building and the manufacturer and distributor of the steam generator used in the steam room. Defendants made a prima facie showing of entitlement to summary judgment dismissing plaintiff's cause of action alleging design...

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