Legal Opinion

Rozen v. Joan & Alan Bernikow Jewish Community Ctr. of Staten Is.

Appellate Division of the Supreme Court of the State of New York

Decided June 29, 2016No. 2015-05095Published

1Opinion of the Court

— In an action to recover damages for personal injuries, the defendant appeals from an order of the Supreme Court, Richmond County (Minardo, J.), dated May 21, 2015, which denied its motion for summary judgment dismissing the complaint.

Ordered that the order is reversed, on the law, with costs, and the defendant’s motion for summary judgment dismissing the complaint is granted.

The plaintiff, a member of the defendant’s fitness center, allegedly was injured when she fell as she was attempting to descend from a treadmill. The plaintiff thereafter commenced this action against the defendant to…

2Cases cited3 opinions

  1. Viviano v. KeyCorpAppellate Division of the Supreme Court of the State of New York · 2015
  2. Defino v. Interlaken Owners, Inc.Appellate Division of the Supreme Court of the State of New York · 2015
  3. Amico v. KasneciAppellate Division of the Supreme Court of the State of New York · 2015

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