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MIGLINO v. BALLY FITNESS

No. 10.

20 N.Y.3d 342 (2013)

985 N.E.2d 128

961 N.Y.S.2d 364

2013 NY Slip Op 780

GREGORY C. MIGLINO, JR., as Executor of GREGORY C. MIGLINO, SR., Deceased, Respondent, v. BALLY TOTAL FITNESS OF GREATER NEW YORK, INC., Appellant, et al., Defendant.

Court of Appeals of New York.

Decided February 7, 2013.

Attorney(s) appearing for the Case

Morrison Mahoney LLP, New York City ( Brian P. Heermance and Demi Sophocleous of counsel), for appellant.

Charnas Law Firm, P.C., Garden City ( John V. Decolator and Scott E. Charnas of counsel), for respondent.

Judges GRAFFEO, SMITH and PIGOTT concur with Judge READ; Chief Judge LIPPMAN dissents in part in an opinion.

OPINION OF THE COURT

READ, J.

On March 26, 2007, plaintiff Gregory C. Miglino, Jr.'s father, Gregory C. Miglino, Sr. (Miglino or decedent), collapsed while near the racquetball courts at a health club owned and operated by Bally Total Fitness of Greater New York, Inc. (Bally). Kenneth LaGrega, employed by Bally as a personal trainer, was standing at the club's front desk with the receptionist when he learned of this medical emergency. The receptionist immediately...

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