New York Court of Appeals
Joanne L. Ciofalo v. Vic Tanney Gyms, Inc.
October 19, 196110 N.Y.2d 294
Summary
The New York Court of Appeals affirmed the summary judgment in favor of the gymnasium, holding that the exculpatory clause in the membership contract was enforceable because it was clear, unequivocal, and did not fall within a public‑policy exception. The court reasoned that the parties were competent and the relationship was private, so the clause could not be struck as void.