Devorah Meisels sued Lucille Roberts Health Clubs after she fell while using an exercise step.
When the Kings County Supreme Court denied the Club's dismissal request, an appeal to the Appellate Division, Second Department, followed.
Meisels, who thought she was injured as a result of carpet "fuzz" stuck in the step's grooves, saw the "fuzz" about an half hour before the accident but still opted to use the device.
Since the condition was "open and obvious," known to Meisels, and wasn't "inherently dangerous," the AD2 saw this as a fruitless exercise and dismissed the case.
To view a copy of the Appellate Division's decision, please use this link: Meisels v. Lucille Roberts Health Clubs, Inc.