Mathis v. New York Health Club, Inc.

—Judgment, Supreme Court, New York County (Barbara Kapnick, J., and a jury), entered September 28, 2000, in favor of defendants and against plaintiff, unanimously affirmed, without costs.

The trial court properly responded to a jury note inquiring as to the “standard for negligence with respect to the conduct of [defendant] health club” by reading back its original charge concerning an employer’s duty to use reasonable care in the employment, training and supervision of its employees. The note does not indicate that the jury was in need of reinstruction on any other aspect of the negligence…