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McLAREN v. MID-TOWN ATHLETIC CLUB, LLC

312 CA 20-00937.

195 A.D.3d 1539 (2021)

2021 NY Slip Op 03946

Matthew McLaren, Appellant-Respondent, v. Mid-Town Athletic Club, LLC, et al., Respondents-Appellants.

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

Decided June 17, 2021.

Attorney(s) appearing for the Case

THE RUSSELL FRIEDMAN LAW GROUP, LLP, ROCHESTER ( RON F. WRIGHT OF COUNSEL), FOR PLAINTIFF-APPELLANT-RESPONDENT.

HARRIS BEACH PLLC, PITTSFORD ( SVETLANA K. IVY OF COUNSEL), FOR DEFENDANTS-RESPONDENTS-APPELLANTS.

Present—Smith, J.P., Carni, Lindley, Troutman and Bannister, JJ.

It is hereby ordered that the order so appealed from is unanimously affirmed without costs.

Memorandum: Plaintiff commenced this action seeking damages for injuries that he sustained when he tripped on a stool and fell while attending a physical therapy appointment at defendants' facility. According to plaintiff, he tripped on the stool after moving off of a treatment table because the room was dark, obscuring his ability...

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