AUSCH-ALTERAS v. EQUINOX-85TH ST., INC.

9818. 156700/16.

174 A.D.3d 430 (2019)

101 N.Y.S.3d 838

2019 NY Slip Op 05478

Lea Ausch-Alteras, Appellant, v. Equinox-85th Street, Inc., Respondent.

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

Decided July 9, 2019.


Summary judgment was not warranted in this action, because plaintiff's deposition testimony that she felt "stuck" as she attempted to step off the elliptical machine, coupled with defendant's maintenance worker's testimony that his right leg was stretched out next to the elliptical machine on which plaintiff was exercising, cleaning the outlets in the area, and that plaintiff's foot hit his foot, causing her to lose balance and fall, were together sufficient to raise a triable...

Let's get started

Leagle.com

Welcome to the leading source of independent legal reporting
Sign on now to see your case.
Or view more than 10 million decisions and orders.

  • Updated daily.
  • Uncompromising quality.
  • Complete, Accurate, Current.

Listed below are the cases that are cited in this Featured Case. Click the citation to see the full text of the cited case. Citations are also linked in the body of the Featured Case.

Cited Cases

  • No Cases Found

Listed below are those cases in which this Featured Case is cited. Click on the case name to see the full text of the citing case.

Citing Cases