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DIGIULIO v. GRAN, INC.

105441/06

26 Misc.3d 418 (2009)

888 N.Y.S.2d 368

LOUISE DIGIULIO, Individually and as Executrix of ALBERT DIGIULIO, Deceased, Plaintiff, v. GRAN, INC., Doing Business as NEW YORK HEALTH & RACQUET CLUB, et al., Defendants.

Supreme Court, New York County.

Decided October 13, 2009.

Attorney(s) appearing for the Case

Decolator, Cohen & DiPrisco, LLP, Garden City, for plaintiff. Morgan Melhuish Abrutyn, Manhattan, for defendants.

OPINION OF THE COURT

MARYLIN G. DIAMOND, J.

Background

On the early morning of February 21, 2006, Mr. DiGiulio was working out on a treadmill at a branch of the New York Health and Racquet Club located on Whitehall Street in Manhattan when he suddenly fell off the machine and collapsed to the floor. Another member of the club ran down a flight of steps to the lobby and notified the club's assistant manager, Terrance James. Mr. James...

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