Kaplan v. Lucille Roberts Health Clubs Inc.
Opinion of the Court
Order, Supreme Court, New York County (Edward H. Lehner, J.), entered March 28, 2008, which granted defendant health club’s motion for summary judgment dismissing the complaint, unanimously reversed, on the law, without costs, the motion denied and the complaint reinstated.
There are issues of fact as to whether, inter alia, plaintiff, a paying member at the club, was limited to choosing among
The question of spoliation of evidence is reserved for the trial court’s consideration. Concur—Mazzarelli, J.P., Sweeny, DeGrasse, Freedman and Abdus-Salaam, JJ.
Case-law data current through December 31, 2025. Source: CourtListener bulk data.