Quinn v. Holiday Health & Fitness Centers of New York, Inc.
Appellate Division of the Supreme Court of the State of New York
1Opinion of the Court
Appeal from an order of the Supreme Court, Erie County (Patrick H. NeMoyer, J.), entered March 26, 2004. The order granted defendant’s motion for summary judgment dismissing the amended complaint in a personal injury action.
It is hereby ordered that the order so appealed from be and the same hereby is unanimously affirmed without costs.
Memorandum: David J. Quinn (plaintiff) allegedly slipped on an unknown substance and fell on a stairway landing at a health club operated by defendant. Plaintiff had not seen the substance when he walked up the stairs approximately 10 minutes earlier, nor could…
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