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BUFFALINO v. XSPORT FITNESS

2019-06688. Index No. 604582/17.

202 A.D.3d 902 (2022)

2022 NY Slip Op 00998

Maddalena Buffalino, Appellant, v. XSport Fitness et al., Respondents.

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

Decided February 16, 2022.

Attorney(s) appearing for the Case

Dell & Dean, PLLC (Joseph G. Dell and Mischel & Horn, P.C., New York, NY [Scott T. Horn and Christen Giannaros], of counsel), for appellant.

Litchfield Cavo LLP, New York, NY (Patricia A. Carbone and Dana M. Ricci of counsel), for respondents.

Barros, J.P., Iannacci, Chambers and Christopher, JJ., concur.

Ordered that the order is reversed, on the law, with costs, and the defendants' motion for summary judgment dismissing the complaint is denied.

On Sunday, May 1, 2016, at approximately 7:00 p.m., the plaintiff allegedly sustained personal injuries while exercising on an elliptical machine in a gym owned by the defendants. The plaintiff alleges that the left arm and foot pedal of the machine detached, "hinged out," and caused her to be thrusted off the machine. The...

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