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SUGARMAN v. EQUINOX HOLDINGS, INC.

2797, 108044/08

73 A.D.3d 654 (2010)

901 N.Y.S.2d 615

STUART SUGARMAN, Appellant, v. EQUINOX HOLDINGS, INC., Doing Business as EQUINOX FITNESS CLUB, et al., Respondents, et al., Defendants.

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

Decided May 27, 2010.

The complaint alleged that defendant Carter became increasingly hostile and enraged over the refusal by plaintiff, a fellow customer, to discontinue his shouting and cheering during a spin class at defendant health club. Indeed, Carter complained to the class instructor about plaintiff's behavior. The instructor did not intercede in the dispute, and plaintiff alleged that he was in fear of imminent harm. Nonetheless, plaintiff continued...

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