ALONGE v. TOWN SPORTS INTERNATIONAL HOLDINGS, INC.

15458, 104878/11

129 A.D.3d 541 (2015)

11 N.Y.S.3d 64

2015 NY Slip Op 05133

JOSEPHINE ALONGE, Appellant, v. TOWN SPORTS INTERNATIONAL HOLDINGS, INC., et al., Respondents.

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

Decided June 16, 2015.


Order, Supreme Court, New York County (Paul Wooten, J.), entered February 25, 2014, which granted defendants' motion for summary judgment dismissing the complaint, unanimously affirmed, without costs.

Plaintiff is barred by the doctrine of primary assumption of risk from seeking damages for injuries suffered when another person in a "boot camp" exercise group ran into her. Plaintiff participated in the group exercise every Saturday for approximately a year, and after...

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