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THOMAS v. BROADWAY PILATES, LTD.

52 A.D.3d 232 (2008)

859 N.Y.S.2d 74

NINA THOMAS, Appellant, v. BROADWAY PILATES, LTD., Respondent.

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

Decided June 3, 2008.

Defendant met its burden of establishing entitlement to judgment, and plaintiff failed to raise a triable issue of fact in opposition (Papadopoulos v Gardner's Vil., 198 A.D.2d 216 [1993]). By voluntarily participating in a fitness and exercise program at defendant's studio for five years before her accident, including use of the equipment on which she was injured, plaintiff consented to and was aware of the risks commonly associated...

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