Peso v. American Leisure Facilities Management Corp.
Opinion of the Court
—Order, Supreme Court, New York County (Elliott Wilk, J.), entered on or about October 6, 1999, which, in an action for personal injuries sustained in a fall off of a treadmill at defendants’ gym, denied defendants’ motion for summary judgment dismissing the complaint and plaintiff s cross motion to amend her complaint, unanimously modified, on the law, to grant defendants’ motion for summary judgment, and otherwise affirmed, without costs. The Clerk is directed to enter judgment in favor of the defendants dismissing the complaint.
Plaintiff alleges that she fell because of a “sticky substance” that she felt on the belt of the treadmill. Assuming the existence of such substance, its dangerousness and its causal relationship to plaintiffs fall, plaintiff, in order to establish a prima
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