PANEVINO v. MILFORD MGMT. CORP.


239 A.D.2d 247 (1997)

657 N.Y.S.2d 670

Vincent Panevino et al., Respondents, v. Milford Management Corp. et al., Respondents, and Fitness Source of Westchester, Inc., Appellant and Third-Party Plaintiff-Appellant. Precor, Third-Party Defendant-Appellant

Appellate Division of the Supreme Court of the State of New York, First Department.

May 15, 1997


Summary judgment was properly denied, there being an issue of fact as to whether Fitness Source negligently repaired the treadmill in question eight months before plaintiff's accident, and whether such negligence, if any, caused the treadmill to suddenly speed up, throwing plaintiff off the machine. Further, issues of fact remain as to whether Fitness Source may have assumed a duty to service the treadmill or to warn the other defendants not to use it (see, Kingston...

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