KATHLEEN L. PUTRINO, AS ADMINISTRATRIX OF THE ESTATE OF CARMIN R. PUTRINO,
DECEASED, APPELLANT, v. BUFFALO ATHLETIC CLUB, RESPONDENT.
82 N.Y.2d 779, 624 N.E.2d 676, 604 N.Y.S.2d 539 (1993).
October 14, 1993
4 No. 284 SSM 35 (1993 NY Int. 196)
Decided October 14, 1993
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This memorandum is uncorrected and subject to revision before
publication in the New York Reports.
Submitted by Richard Weissfeld, for Appellant.
Submitted by John A. Ziegler, for Respondent.
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MEMORANDUM:
The order of the Appellate Division should be affirmed, with costs.
Plaintiff put forth no evidence that defendant's aerobics classroom is
a "place of public assembly" subject to statutory liability under
Labor Law § 470. Moreover, even if the entire facility were shown to
be a "place of public assembly", the liability imposed is merely a
codification of common law and the claim is no more viable than
plaintiff's other claims (Rickard v Farmer's Museum, 284 App Div 140,
142). With respect to each of her common law negligence causes of
action, plaintiff failed to introduce admissible evidence establishing
a triable issue of fact sufficient to preclude summary judgment. At
best, plaintiff put forth the opinions of medical and health club
experts which are conclusory and, therefore, inadequate to counter a
summary judgment motion (Amatulli v Delhi Constr. Corp., 77 NY2d
525, 533-534, n2). Accordingly, the Appellate Division correctly
modified the order of Supreme Court by granting summary judgment
dismissing all of plaintiff's claims.
* * * * * * * * * * * * * * * * *
On review of submissions pursuant to section 500.4 of the Rules, order
affirmed, with costs, in a memorandum. Chief Judge Kaye and Judges
Simons, Titone, Hancock, Bellacosa, Smith and Levine concur.
SNIPPETS:
KATHLEEN L. PUTRINO, AS ADMINISTRATRIX OF THE ESTATE OF CARMIN R. PUTRINO,
DECEASED, APPELLANT, v. BUFFALO ATHLETIC CLUB, RESPONDENT.
This memorandum is uncorrected and subject to revision before publication in the New York
Plaintiff put forth no evidence that defendant's aerobics classroom is a "place of public
Moreover, even if the entire facility were shown to be a "place of public assembly", the
With respect to each of her common law negligence causes of action, plaintiff failed to
At best, plaintiff put forth the opinions of medical and health club experts which are
Corp., 77 NY2d 525, 533-534, n2).
the Appellate Division correctly modified the order of Supreme Court by granting summary
On review of submissions pursuant to section 500.4 of the Rules, order affirmed, with costs,
Chief Judge Kaye and Judges Simons, Titone, Hancock, Bellacosa, Smith and Levine concur.
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