DiBENEDETTO v. TOWN SPORTS INTL., LLC

2012-10035, Index No. 8106/10.

118 A.D.3d 663 (2014)

987 N.Y.S.2d 102

2014 NY Slip Op 3974

JENNIFER DiBENEDETTO, Appellant, v. TOWN SPORTS INTERNATIONAL, LLC, Doing Business as NEW YORK SPORTS CLUB, Respondent.

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

Decided June 4, 2014.


Ordered that the order is affirmed, with costs.

The plaintiff, a member of the New York Sports Club facility in Dobbs Ferry, allegedly was injured when she stepped onto a treadmill that another member allegedly vacated but did not turn off. The plaintiff commenced this action, and after the completion of discovery, the defendant moved for summary judgment dismissing the complaint. The defendant argued, among other things...

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