Legal Opinion
Barbuto v. Club Ventures Investments LLC
Appellate Division of the Supreme Court of the State of New York
Decided October 25, 2016No. 2013 150695/13PublishedCited by 2 opinions
1Opinion of the Court
Order, Supreme Court, New York County (Jennifer G. Schecter, J.), entered on or about January 29, 2016, which, insofar as appealed from, denied defendant’s motion for summary judgment dismissing the complaint, unanimously affirmed, without costs.
Defendant established prima facie that plaintiff, an experienced weightlifter and user of Smith weightlifting machines, assumed the risks inherent in this activity, including the risk of being injured by falling weights while working out on a Smith machine and the risks resulting from open, obvious, and not concealed “suboptimal” conditions such as…
2Cases cited9 opinions
- Bukowski v. Clarkson UniversityNew York Court of Appeals · 2012
- Roberts v. BOYS AND GIRLS REPUBLIC, INC.New York Court of Appeals · 2008
- Roberts v. Boys & Girls Republic, Inc.Appellate Division of the Supreme Court of the State of New York · 2008
- Maldonado v. Townsend Avenue Enterprises, Ltd. PartnershipAppellate Division of the Supreme Court of the State of New York · 2002
- Alqurashi v. Party of Four, Inc.Appellate Division of the Supreme Court of the State of New York · 2011
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3Cited by2 opinions
- Aberger v. Camp Loyaltown, Inc.Appellate Division of the Supreme Court of the State of New York · 2021
- Mable v. 384 E. Assoc., LLCAppellate Division of the Supreme Court of the State of New York · 2019