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MELO v. LaGUARDIA FITNESS CENTER CORPORATION

2009-05827

72 A.D.3d 761 (2010)

898 N.Y.S.2d 625

MICHAEL MELO, Appellant, v. LaGUARDIA FITNESS CENTER CORPORATION et al., Respondents.

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

Decided April 13, 2010.

Ordered that the order is reversed, on the law, with costs, and the defendants' motion for summary judgment dismissing the complaint is denied.

On February 27, 2007, sometime between 6:00 P.M. and 9:00 P.M., the plaintiff Michael Melo lost his footing and fell while using a fitness machine at a gym owned by the defendants LaGuardia Fitness Center Corporation and Matrix Fitness Club. As a result of the plaintiff's feet coming out from underneath him, the weights that...

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