Legal Opinion

Sugarman v. Equinox Holdings, Inc.

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

Decided May 27, 2010PublishedCited by 10 opinions

1Opinion of the Court

*655Order, Supreme Court, New York County (Carol R. Edmead, J.), entered December 16, 2008, which granted the Equinox defendants’ motion to dismiss for failure to state a cause of action, unanimously affirmed, without costs.

The complaint alleged that defendant Carter became increasingly hostile and enraged over the refusal by plaintiff, a fellow customer, to discontinue his shouting and cheering during a spin class at defendant health club. Indeed, Carter complained to the class instructor about plaintiffs behavior. The instructor did not intercede in the dispute, and plaintiff alleged that he…

2Cases cited2 opinions

  1. Karoon v. New York City Transit AuthorityAppellate Division of the Supreme Court of the State of New York · 1997
  2. Djurkovic v. Three Goodfellows, Inc.Appellate Division of the Supreme Court of the State of New York · 2003

3Cited by10 opinions

  1. Scharff v. L.A. Fitness InternaTional, LLCAppellate Division of the Supreme Court of the State of New York · 2016
  2. Boyd v. City of New YorkAppellate Division of the Supreme Court of the State of New York · 2016
  3. Schalman v. Aquatic Recreational Mgt., Inc.Appellate Division of the Supreme Court of the State of New York · 2021
  4. Schalman v. Aquatic Recreational Mgt., Inc.Appellate Division of the Supreme Court of the State of New York · 2021
  5. Covelli v. Silver Fist, Ltd.Appellate Division of the Supreme Court of the State of New York · 2018

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