DEWINTER v. LLC (2025)

Order, Supreme Court, New York County (Leslie A. Stroth, J.), entered September 4, 2024, which granted the motion of defendant Equinox Greenwich Avenue, Inc. (defendant) for summary judgment dismissing the complaint as against it, unanimously affirmed, without costs.

Defendant made a prima facie showing of entitlement to summary judgment with evidence that the treadmill involved in plaintiff's accident was inspected both the day before the accident and immediately after it occurred and found to be in good working order, a showing plaintiff did not rebut (see Ingram v. Life Fitness, 140 A.D.3d 628, 628, 33 N.Y.S.3d 71 [1st Dept. 2016]).  Plaintiff's claim that her accident was caused by the treadmill's design, which she argues permitted a user to be surprised by programing that could resume at a suddenly increased speed, is based on speculation (see Thomas v. Our Lady of Mercy Med. Ctr., 289 A.D.2d 37, 38, 734 N.Y.S.2d 33 [1st Dept. 2001]).  Further, defendant, as the purchaser of the treadmill, cannot be liable under theories of defective design or failure to warn (see Laurin Mar. AB v. Imperial Chem. Indus., 301 A.D.2d 367, 367–368, 752 N.Y.S.2d 855 [1st Dept. 2003], lv denied 100 N.Y.2d 501, 760 N.Y.S.2d 764, 790 N.E.2d 1193 [2003];  Townley v. Emerson Elec. Co., 269 A.D.2d 753, 753, 702 N.Y.S.2d 728 [4th Dept. 2000]).