In Dove v. Manhattan Plaza Health Club, the Appellate Division, First Department dismissed plaintiff’s complaint seeking recovery for injuries after slipping on water around a health club’s indoor pool.
Defendants “showed that the presence of such water was ‘necessarily incidental’ to the use of the pool.”
In response, plaintiff failed to raise a triable issue of fact:
The mere presence of water does not raise such an issue and plaintiff has not asserted a violation of a code, rule, regulation or industry standard. Moreover, there is no evidence as to how long the water existed on the floor, nor was the amount of water above and beyond what one might ordinarily expect to encounter around a pool. That water on the floor was a recurring situation is simply consistent with being “necessarily incidental” to the use of the pool.