SERIN v. SOULCYCLE HOLDINGS, LLC

2403, 161810/13.

145 A.D.3d 468 (2016)

2016 NY Slip Op 08179

41 N.Y.S.3d 714

BENAL SERIN, Appellant, v. SOULCYCLE HOLDINGS, LLC, Sued Herein as SOULCYCLE, LLC, Respondent.

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

Decided December 6, 2016.


Although defendant made a prima facie showing that the spin cycle on which plaintiff was injured was not defective and that defendant had not created or had notice of any such defect, issues of fact exist as to whether defendants were negligent in failing to properly instruct plaintiff, a first-time spin cycler, in the operation of the cycle and of the nature of the risks involved (see Scheck v Soul Cycle E. 83rd St., LLC, 2012 NY Slip Op 32021[U] [Sup Ct, NY County...

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