DIGIULIO v. GRAN, INC.

2666, 105441/06, 590415/09.

74 A.D.3d 450 (2010)

903 N.Y.S.2d 359

LOUISE DIGIULIO, Individually and as Executrix of ALBERT DIGIULIO, Deceased, Appellant, v. GRAN, INC., Doing Business as NEW YORK HEALTH & RACQUET CLUB, et al., Respondents. (And a Third-Party Action.)

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

Decided June 3, 2010.


This appeal concerns the duty of a health club when faced with a stricken patron. The relevant facts in this personal injury action are largely undisputed. At about 6:22 A.M. on the morning of February 21, 2006, plaintiff's decedent, Albert Digiulio, suffered a heart attack while running on a treadmill at a health club that defendants owned and operated. Digiulio, age 52, was a longtime club member who frequently exercised on its treadmills. After Digiulio fell off the treadmill...

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