Legal Opinion

Beck v. Powerhouse Gym Merrick Road, Inc.

Appellate Division of the Supreme Court of the State of New York

Decided December 4, 2000Published

1Opinion of the Court

In an action to recover damages for personal injuries, etc., the plaintiffs appeal from a judgment of the Supreme Court, Nassau County (O’Connell, J.), dated November 24, 1999, which, upon an order of the same court dated October 25, 1999, granting the defendant’s motion for summary judgment, dismissed the complaint.

Ordered that the judgment is affirmed, with costs.

The defendant demonstrated its prima facie entitlement to summary judgment by showing that the piece of exercise equipment over which the injured plaintiff tripped was readily observable by the reasonable use of one’s senses (see,…

2Cases cited4 opinions

  1. Sewer v. Fat Albert's Warehouse, Inc.Appellate Division of the Supreme Court of the State of New York · 1997
  2. Blecher v. Holiday Health & Fitness Center of New York, Inc.Appellate Division of the Supreme Court of the State of New York · 1997
  3. Lamia v. Federated Department Stores, Inc.Appellate Division of the Supreme Court of the State of New York · 1999
  4. Casamassa v. Waldbaum's Inc.Appellate Division of the Supreme Court of the State of New York · 2000

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