PECORA v. FITNESS INTL., LLC

2019-13498 Index No. 150176/17.

212 A.D.3d 644 (2023)

182 N.Y.S.3d 699

2023 NY Slip Op 00103

Michael Pecora, Appellant, v. Fitness International, LLC, et al., Respondents.

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

Decided January 11, 2023.


Attorney(s) appearing for the Case

Harmon, Linder & Rogowsky ( Mitchell Dranow , Sea Cliff, NY, of counsel), for appellant.

Goldberg Segalla, LLP, Buffalo, NY ( William T. O'Connell and Matthew Miller of counsel), for respondents.

Dillon, J.P., Zayas, Dowling and Wan, JJ., concur.


In an action to recover damages for personal injuries, the plaintiff appeals from an order of the Supreme Court, Richmond County (Judith N. McMahon, J.), dated June 19, 2019. The order, insofar as appealed from, granted the defendants' motion for summary judgment dismissing the complaint.

Ordered that the order is affirmed insofar as appealed from, with costs.

On July 18, 2014, the plaintiff became a member of a health club owned and operated by the defendants...

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