Appellate Division of the Supreme Court of the State of New York June 3, 2010 (Digiulio v. Gran, Inc.)

Order, Supreme Court, New York County (Marylin G. Diamond, J.), entered October 19, 2009, which denied plaintiffs motion for partial summary judgment on the issue of liability and granted defendants’ cross motion for summary judgment dismissing the complaint, unanimously affirmed, without costs.

This appeal concerns the duty of a health club when faced with a stricken patron.