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McQUEEN v. DOWNTOWN ATHLETIC CLUB OF NEW YORK CITY

No. 88 Civ. 0468 (MBM).

763 F.Supp. 61 (1991)

Michael B. McQUEEN, Plaintiff, v. DOWNTOWN ATHLETIC CLUB OF NEW YORK CITY, INC. and North American Polymer Co., Inc., Defendants. DOWNTOWN ATHLETIC CLUB OF NEW YORK CITY, INC., Third Party Plaintiff, v. U.S. PORCELAIN COMPANY, Third-Party Defendant.

United States District Court, S.D. New York.

May 17, 1991.

Attorney(s) appearing for the Case

Gerald E. Fogerty, Roemer and Featherstonhaugh, P.C., New York City, for plaintiff Michael B. McQueen.

Steven Wolowitz, Mayer, Brown & Platt, New York City, for defendant North American Polymer Co., Inc.

OPINION AND ORDER

MUKASEY, District Judge.

Defendant North American Polymer Co., Inc. ("North American") moves for a post-trial order applying New York General Obligations Law § 15-108 to plaintiff Michael McQueen's claims against it. For the reasons set forth below, the motion is granted.

I.

Plaintiff was injured on defendant Downtown Athletic Club's premises on April 9, 1986 while using an overspray machine sold by North American...

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