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Mary Astor v. Young Men's and Young Women's Hebrew Association

New York Supreme and/or Appellate Courts Appellate Division, First Department


January 3, 2012

MARY ASTOR,
PLAINTIFF-APPELLANT,
v.
YOUNG MEN'S AND YOUNG WOMEN'S HEBREW ASSOCIATION, ETC., ET AL.,
DEFENDANTS-RESPONDENTS.

Astor v Young Men's & Young Women's Hebrew Assn.

Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431.

This opinion is uncorrected and subject to revision before publication in the Official Reports.

Decided on January 3, 2012

Gonzalez, P.J., Andrias, DeGrasse, Richter, Abdus-Salaam, JJ.

Order, Supreme Court, New York County (Marylin G. Diamond, J.), entered December 8, 2010, which granted defendants' motion for summary judgment dismissing the complaint, unanimously affirmed, without costs.

Plaintiff was injured when she tripped over the leg of a folding chair while participating in defendants' health and fitness class for seniors. She had attended the class many times before, was aware that there was a row of folding chairs along the back wall of the studio, and had seen the chairs on the day of her accident. Thus, she is deemed to have assumed the risk that resulted in her injury (see Roberts v Boys & Girls Republic, Inc., 51 AD3d 246, affd 10 NY3d 889 [2008]; Milliner v New York City Hous. Auth., 57 AD3d 383, 383-384 [2008]).

We have considered plaintiff's remaining arguments and find them unavailing.

THIS CONSTITUTES THE DECISION AND ORDER OF THE SUPREME COURT, APPELLATE DIVISION, FIRST DEPARTMENT.

ENTERED: JANUARY 3, 2012

CLERK

20120103

© 1992-2012 VersusLaw Inc.



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