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SCHARFF v. L.A. FITNESS INTL., LLC

2015-08319, Index No. 102727/12.

139 A.D.3d 929 (2016)

30 N.Y.S.3d 574

2016 NY Slip Op 03867

MICHAEL SCHARFF, Appellant, v. L.A. FITNESS INTERNATIONAL, LLC, Respondent, et al., Defendants.

Appellate Division of the Supreme Court of New York, Second Department.

Decided May 18, 2016.

Ordered that the order is affirmed, with costs.

The plaintiff allegedly was assaulted by the defendant Mohamad Abdeljawad and the defendant Naser Abdeljawad while they were playing basketball within the premises of the defendant L.A. Fitness International, LLC (hereinafter L.A. Fitness). The plaintiff commenced this action against the three defendants. L.A. Fitness moved for summary judgment dismissing the complaint insofar as asserted against it, contending, inter...

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