Mathis v. New York Health Club, Inc.

—Order, Supreme Court, New York County (Barbara Kapnick, J.), entered November 10, 1998, which denied defendants’ motion for summary judgment dismissing the complaint, unanimously affirmed, without costs.

*346Plaintiff was allegedly injured while using a weight training machine and has named as defendants herein the health club in which his injury occurred and the trainer who was supervising his training at the time of the injury. Defendants have moved to dismiss the complaint, claiming in support of their motion that plaintiff voluntarily assumed the risks that materialized in his injury. While…