Whalen v. Vic Tanny Hicksville, Inc.

Appellate Division of the Supreme Court of New York

Whalen v. Vic Tanny Hicksville, Inc.

23 A.D.2d 778, 258 N.Y.S.2d 562, 1965 N.Y. App. Div. LEXIS 4467

CourtAppellate Division of the Supreme Court of the State of New York

DecidedApril 12, 1965

StatusPublished

This text of 23 A.D.2d 778 (Whalen v. Vic Tanny Hicksville, Inc.) is published on Counsel Stack Legal Research, covering Appellate Division of the Supreme Court of the State of New York primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

Whalen v. Vic Tanny Hicksville, Inc., 23 A.D.2d 778, 258 N.Y.S.2d 562, 1965 N.Y. App. Div. LEXIS 4467 (N.Y. Ct. App. 1965).

Pincite

Opinion

In a negligence action to recover damages for personal injury and loss of services, the defendants appeal from an order of the Supreme Court, Nassau County, entered April 22, 1963, which granted plaintiffs’ motion to dismiss as legally insufficient the defense pleaded by defendants in paragraph “ Thirteenth ” of their answer to the amended complaint. Order reversed, without costs, and motion denied. In our opinion, the defense which alleges in effect that, in pursuance of paragraph " 5 ” of the membership contract, the defendants are immune from liability for the injury alleged to have been caused by defendants’ negligence, is valid on its face as a covenant not to sue (Butzer v. Vie-Tanny-Flatbush, 20 A D 2d 821; cf. Giofalo v. Vie Tanny Gyms, 10 N Y 2d 294). Beldoek, P. J., Ughetta, Christ, Brennan and Hopkins, JJ., concur.

Free access — add to your briefcase to read the full text and ask questions with AI

In a negligence action to recover damages for personal injury and loss of services, the defendants appeal from an order of the Supreme Court, Nassau County, entered April 22, 1963, which granted plaintiffs’ motion to dismiss as legally insufficient the defense pleaded by defendants in paragraph “ Thirteenth ” of their answer to the amended complaint. Order reversed, without costs, and motion denied. In our opinion, the defense which alleges in effect that, in pursuance of paragraph " 5 ” of the membership contract, the defendants are immune from liability for the injury alleged to have been caused by defendants’ negligence, is valid on its face as a covenant not to sue (Butzer v. Vie-Tanny-Flatbush, 20 A D 2d 821; cf. Giofalo v. Vie Tanny Gyms, 10 N Y 2d 294). Beldoek, P. J., Ughetta, Christ, Brennan and Hopkins, JJ., concur.

Cite This Page — Counsel Stack

Bluebook (online)

23 A.D.2d 778, 258 N.Y.S.2d 562, 1965 N.Y. App. Div. LEXIS 4467, Counsel Stack Legal Research, https://law.counselstack.com/opinion/whalen-v-vic-tanny-hicksville-inc-nyappdiv-1965.