| Lysiak v Southtowns Fitness Ctr. |
| 2017 NY Slip Op 09044 [156 AD3d 1455] |
| December 22, 2017 |
| Appellate Division, Fourth Department |
| Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431. |
| Mary Lysiak, Appellant, v Southtowns Fitness Center, Respondent. |
Gibson, McAskill & Crosby, LLP, Buffalo (Michael P. Sullivan of counsel), for plaintiff-appellant.
Goldberg Segalla LLP, Buffalo (Julie P. Apter of counsel), for defendant-respondent.
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 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.