1250 Broadway, 27th Floor New York, NY 10001

IT'S ALL INCIDENTAL

Lilith D. was injured when she slipped and fell on a tile floor near Manhattan Plaza Health Club's indoor pool.

While the New York County Supreme Court declined to dismiss her personal-injury case, because Lilith couldn't show that a code, regulation or industry standard had been violated, the Appellate Division, First Department, opted to reverse and ended her lawsuit.

The AD1 was of the view that the amount of water encountered was "necessarily incidental" to the pool's use and what one might ordinarily expect to encounter.

That was some slip.

To view a copy of the Appellate Division's decision, please use this link Dove v. Manhattan Plaza Health Club

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