Feeney v. Manhattan Sports Club, Inc.

Judgment, Supreme Court, New York County (Leland DeGrasse, J.), entered March 22, 1995, dismissing the *294complaint and bringing up for review an order of the same court and Justice entered February 28, 1995, which, inter alia, granted defendants’ motion for summary judgment, unanimously affirmed, without costs. Appeal from the order unanimously dismissed, without costs, as subsumed in the appeal from the judgment.

In an action for damages arising out of a shoulder injury sustained by plaintiff while engaging in weightlifting exercises at the fitness center owned and operated by defendants, the…