PETRESCU v. COLLEGE RACQUET CLUB, INC.


40 A.D.3d 947 (2007)

838 N.Y.S.2d 574

CHRISTIAN PETRESCU et al., Appellants, v. COLLEGE RACQUET CLUB, INC., Respondent.

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

Decided May 22, 2007.


Ordered that the judgment is reversed, on the law, the motion is denied, the complaint is reinstated, and the matter is remitted to the Supreme Court, Westchester County, for a new trial on the issue of liability, and on the issue of damages, if necessary, with costs to abide the event.

The defendant, College Racquet Club, Inc. (hereinafter the Club), rents tennis courts for people to play on. It leases a facility from a college that is located in Westchester County...

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