Lysiak v. Southtowns Fitness Center — 156 A.D.3d 1455

Majority

p. 1455

Mary Lysiak, Appellant, v Southtowns Fitness Center, Respondent.

[65 NYS3d 834]

Appeal from an order of the Supreme Court, Erie County (Mark J. Grisanti, A.J.), entered December 13, 2016. The order granted the motion of defendant

p. 1456

for summary judgment dismissing the complaint and denied the cross motion of plaintiff for partial summary judgment on the issue of negligence.

It is hereby ordered that the order so appealed from is unanimously affirmed without costs.

Present—Peradotto, J.P., Carni, DeJoseph, Curran and Winslow, JJ.