KAPLAN v. LUCILLE ROBERTS HEALTH CLUBS INC.


63 A.D.3d 470 (2009)

880 N.Y.S.2d 284

ANNA MAZUR KAPLAN, Appellant, v. LUCILLE ROBERTS HEALTH CLUBS INC., Also Known as LUCILLE ROBERTS HEALTH SPA, INC., et al., Respondents.

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

Decided June 9, 2009.


There are issues of fact as to whether, inter alia, plaintiff, a paying member at the club, was limited to choosing among defective step-aerobic boards supplied by the club for participation in a club-sponsored class, and whether defendants had notice that a fair number of those boards allegedly lacked stabilizing bottom grips. Factual issues exist as to whether the absence of these grips unreasonably increased the risk of use of...

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