Legal Opinion
Putrino v. Buffalo Athletic Club
New York Court of Appeals
Decided October 14, 1993PublishedCited by 13 opinions
1Opinion of the Court
OPINION OF THE COURT
Memorandum.
The order of the Appellate Division should be affirmed, with costs. Plaintiff put forth no evidence that defendant’s aerobics classroom is a "place of public assembly” subject to statutory liability under Labor Law § 470. Moreover, even if the entire facility were shown to be a "place of public assembly”, the liability imposed is merely a codification of common law and the claim is no more viable than plaintiff’s other claims (Rickard v Farmers’ Museum, 284 App Div 140, 142). With respect to each of her common-law negligence causes of action, plaintiff failed to…
2Cases cited2 opinions
- Amatulli v. Delhi Construction Corp.New York Court of Appeals · 1991
- Rickard v. Farmers' Museum, Inc.Appellate Division of the Supreme Court of the State of New York · 1954
3Cited by13 opinions
- Miglino v. Bally Total Fitness of Greater New York, Inc.New York Court of Appeals · 2013
- Rutnik v. Colonie Center Court Club, Inc.Appellate Division of the Supreme Court of the State of New York · 1998
- Colon v. Chelsea Piers Management, Inc.Appellate Division of the Supreme Court of the State of New York · 2008
- Babalola v. Crystal Chemicals, Inc.Appellate Division of the Supreme Court of the State of New York · 1996
- Amazon v. British American Development Corp.Appellate Division of the Supreme Court of the State of New York · 1995
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