Rueckert v. Cohen

In an action, inter alla, to recover damages for personal injuries, the plaintiff appeals from an order of the Supreme Court, Nassau County (Phelan, J.), entered May 24, 2012, which granted the defendant’s motion for summary judgment dismissing the complaint.

Ordered that the order is affirmed, with costs.

On April 23, 2009, the plaintiff was conducting a personal training session with a nonparty client in an indoor swimming pool at a facility where the plaintiff was employed. The defendant, who was swimming laps in the same lane as that in which the plaintiff was conducting her session, struck…