GOL 5-326 – Pospis Law, PLLC

December 10, 2016 by mjpospis

Spin Cycle Personal Injury Case Continues; Claim Not Barred By Release

In Serin v. Soulcycle Holdings, LLC, 2016 NY Slip Op 08179 (App. Div. 1st Dept. Dec. 6, 2016), the Appellate Division unanimously reversed a lower court’s order granting defendant’s motion for summary judgment. The court held: Although defendant made a prima facie showing that the spin cycle on which plaintiff was injured was not defective and…

Release Does Not Bar Personal Injury Case Against Gym

A recent First Department decision, Kim v. Harry Hanson, Inc., illustrates the effectiveness – or, in this case, the lack thereof – of a release in a personal injury case that purports to limit an alleged tortfeasor’s liability. In Kim, Plaintiff sustained injuries while engaged in a personal training program, under a trainer’s supervision and instruction,…