New York Appelate Court Disregards Release and Reverses Summary Judgment Decision in Case Involving Spa/Fitness Center

By Steven H. Rosenfeld, Partner, and Carla Varriale, Partner   In light of the constant growth of the spa and fitness industries and recognizing the liability exposure facing owners, a recent decision by the New York's Appellate Division, First Department, wherein the court refused to enforce a signed release denying a spa's motion for summary judgment, is worthy of consideration.   In Debell v Wellbridge Club Mgt. Inc., 2007 NY Slip Op 03833, the plaintiff was injured while participat