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ROSENBLATT v. ST. GEORGE

2011-10114

119 A.D.3d 45 (2014)

984 N.Y.S.2d 401

ELEANOR ROSENBLATT, Respondent, v. ST. GEORGE HEALTH AND RACQUETBALL ASSOCIATES, LLC, Doing Business as EASTERN ATHLETIC CLUB, Appellant, et al., Defendant.

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

Decided April 30, 2014.

Attorney(s) appearing for the Case

Kenny & Zonghetti, LLC, New York City ( Kevin J. O'Donnell of counsel), for appellant.

Stephen R. Loeb , New York City, for respondent.

OPINION OF THE COURT

LEVENTHAL, J.

The defendant St. George Health and Racquetball Associates, LLC, doing business as Eastern Athletic Club (hereinafter Eastern Athletic), operates a fitness center in Brooklyn. In May 2009, the plaintiff, who was 72 years old at the time, attended a morning body sculpting class held at Eastern Athletic. During the class, a substitute instructor, the defendant Trevor Douglin, gave the plaintiff an exercise ball to sit on...

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