Anna Mazur Kaplan sued Lucille Roberts Health Clubs after she was injured on an allegedly defective step-aerobic board.
When the New York County Supreme Court granted Lucille Roberts' dismissal request, Kaplan appealed to the Appellate Division, First Department.
The AD1 thought that there were questions as to whether the company was aware that a bunch of its boards lacked stabilizing bottom grips.
Since it was also unclear whether that defect "unreasonably increased the risk of using the boards, whether this risk was apparent to Kaplan, and whether it proximately caused her injury," the AD1 reinstated the lawsuit.
That was that a step backward.
To view a copy of the Appellate Division's decision, please use this link: Kaplan v Lucille Roberts Health Clubs Inc.