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QIAO v. FINN

152443/18. Appeal No. 12581. Case No. 2020-01939.

189 A.D.3d 513 (2020)

133 N.Y.S.3d 793

2020 NY Slip Op 07473

George Qiao, Respondent, v. Christopher Finn et al., Appellants.

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

Decided December 10, 2020.

Attorney(s) appearing for the Case

Heidell, Pittoni, Murphy & Bach, LLP, New York ( Daniel S. Ratner of counsel), for appellants.

Alexander J. Wulwick , New York, for respondent.

Concur—Friedman, J.P., Kapnick, Webber, Kern, Singh, JJ.

Plaintiff alleges that he was injured during a personal training session at defendant Lifetime Fitness Inc.'s facility when defendant Finn, the trainer, urged him to continue performing exercises after he complained of pain.

Defendants have not established that they are entitled to summary judgment based upon the existence of a signed release and waiver of liability.

Moreover, defendants are not entitled to summary judgment

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