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LEMOINE v. STEINWAY FITNESS GROUP, LLC

2012-01289.

106 A.D.3d 960 (2013)

965 N.Y.S.2d 371

2013 NY Slip Op 3640

YVAN LEMOINE, Respondent, v. STEINWAY FITNESS GROUP, LLC, et al., Appellants.

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

Decided May 22, 2013.

Ordered that the judgment is affirmed, with costs.

At trial, the Supreme Court improperly excluded from evidence, on relevancy grounds, certain comments the plaintiff posted on a webpage. Those comments were relevant, since they tended to disprove a disputed material fact (see People v Scarola, 71 N.Y.2d 769, 777 [1988]; Ando v Woodberry, 8 N.Y.2d 165, 167 [1960]). However, the defendants...

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