MERMELSTEIN v. CAMPBELL FITNESS NC, LLC

2020-01759. Index No. 34849/17.

201 A.D.3d 923 (2022)

161 N.Y.S.3d 321

2022 NY Slip Op 00419

Linda Mermelstein, Appellant, v. Campbell Fitness NC, LLC, Respondent.

Appellate Division of the Supreme Court of New York, Second Department.

Decided January 26, 2022.


Attorney(s) appearing for the Case

Neimark & Neimark LLP, New City, NY ( Ira H. Lapp of counsel), for appellant.

Rivkin Radler LLP, Uniondale, NY ( Cheryl F. Korman of counsel), for respondent.

Barros, J.P., Connolly, Hinds-Radix and Miller, JJ., concur.


Ordered that the order is reversed, on the law, with costs, and the defendant's motion for summary judgment dismissing the amended complaint is denied.

On March 27, 2017, the plaintiff was exercising at the defendant's fitness center when the treadmill she was using allegedly spontaneously accelerated, causing her to fall off the treadmill and sustain personal injuries. The plaintiff commenced this action against the defendant to recover damages for personal injuries...

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