Legal Opinion
Digiulio v. Gran, Inc.
Appellate Division of the Supreme Court of the State of New York
Decided June 3, 2010PublishedCited by 7 opinions
1Opinion of the Court
Order, Supreme Court, New York County (Marylin G. Diamond, J.), entered October 19, 2009, which denied plaintiffs motion for partial summary judgment on the issue of liability and granted defendants’ cross motion for summary judgment dismissing the complaint, unanimously affirmed, without costs.
This appeal concerns the duty of a health club when faced with a stricken patron. The relevant facts in this personal injury action are largely undisputed. At about 6:22 a.m. on the morning of February 21, 2006, plaintiffs decedent, Albert Digiulio, suffered a heart attack while running on a treadmill…
2Cases cited5 opinions
- Morgan v. StateNew York Court of Appeals · 1997
- Vucetovic v. Epsom DownsNew York Court of Appeals · 2008
- Colnaghi, U.S.A., Ltd. v. Jewelers Protection Services, Ltd.New York Court of Appeals · 1993
- Rutnik v. Colonie Center Court Club, Inc.Appellate Division of the Supreme Court of the State of New York · 1998
- DiGiulio v. Gran, Inc.New York Supreme Court · 2009
3Cited by7 opinions
- Miglino v. Bally Total Fitness of Greater New York, Inc.New York Court of Appeals · 2013
- Miglino v. Bally Total Fitness of Greater New York, Inc.Appellate Division of the Supreme Court of the State of New York · 2011
- Ingram v. Life FitnessAppellate Division of the Supreme Court of the State of New York · 2016
- Hamlin v. PFNY, LLCAppellate Division of the Supreme Court of the State of New York · 2020
- Chappill v. Bally Total Fitness Corp.Appellate Division of the Supreme Court of the State of New York · 2012
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