BERRY v. BALLY TOTAL FITNESS CORPORATION

ORDERED that the order is reversed, on the law, with costs, the motion is granted, and the complaint is dismissed.

The plaintiff was participating in a step-aerobics class at the defendant's fitness center when another participant in the class accidentally collided with her, causing her to fall and sustain injuries. By her voluntary participation in the class, the plaintiff consented to those commonly appreciated risks which were inherent in the activity and flowed from such participation (see generally, Morgan v. State of New York, 90 N.Y.2d 471). Thus, the defendant was entitled to summary judgment (see, Gilman v. Molly Fox Studios, Inc., 225 A.D.2d 404).

MANGANO, P.J., SANTUCCI, KRAUSMAN, FLORIO and SCHMIDT, JJ., concur.