91 A.D.3d 423 937 N.Y.S.2d 7

Mary Astor, Appellant, v Young Men's and Young Women's Hebrew Association, Doing Business as 92nd Street Y, et *424al., Respondents.

[937 NYS2d 7]

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 [2008], affd 10 NY3d 889 [2008]; Milliner v New York City Hous. Auth., 57 AD3d 383, 383-384 [2008]).

We have considered plaintiffs remaining arguments and find them unavailing. Concur — Gonzalez, RJ., Andrias, DeGrasse, Richter and Abdus-Salaam, JJ.

Astor v. Young Men's & Young Women's Hebrew Ass'n
91 A.D.3d 423 937 N.Y.S.2d 7

Case Details

Name
Astor v. Young Men's & Young Women's Hebrew Ass'n
Decision Date
Jan 3, 2012
Citations

91 A.D.3d 423

937 N.Y.S.2d 7

Jurisdiction
New York

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