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BARBUTO v. CLUB VENTURES INVESTMENTS LLC

2013, 150695/13.

143 A.D.3d 606 (2016)

2016 NY Slip Op 06959

40 N.Y.S.3d 68

SCOTT A. BARBUTO, Respondent, v. CLUB VENTURES INVESTMENTS LLC, Doing Business as DAVIDBARTONGYM, Appellant.

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

Decided October 25, 2016.

Defendant established prima facie that plaintiff, an experienced weightlifter and user of Smith weightlifting machines, assumed the risks inherent in this activity, including the risk of being injured by falling weights while working out on a Smith machine and the risks resulting from open, obvious, and not concealed "suboptimal" conditions such as equipment configuration (see Bukowski v Clarkson Univ., 19 N.Y.3d 353, 357 [2012]...

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