Legal Opinion
DiBenedetto v. Town Sports International, LLC
Appellate Division of the Supreme Court of the State of New York
Decided June 4, 2014Published
1Opinion of the Court
In an action to recover damages for personal injuries, the plaintiff appeals from an order of the Supreme Court, Westchester County (Adler, J.), entered October 2, 2012, which granted the defendant’s motion for summary judgment dismissing the complaint.
Ordered that the order is affirmed, with costs.
The plaintiff, a member of the New York Sports Club facility in Dobbs Ferry, allegedly was injured when she stepped onto a treadmill that another member allegedly vacated but did not turn off. The plaintiff commenced this action, and after the completion of discovery, the defendant moved for…
2Cases cited15 opinions
- Alvarez v. Prospect HospitalNew York Court of Appeals · 1986
- Morgan v. StateNew York Court of Appeals · 1997
- Turcotte v. FellNew York Court of Appeals · 1986
- Maddox v. City of New YorkNew York Court of Appeals · 1985
- Joseph v. New York Racing Ass'nAppellate Division of the Supreme Court of the State of New York · 2006
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