Opinion
No. 570785/14.
10-01-2015
June DAVIS, Plaintiff–Appellant, v. TOWN SPORTS INTERNATIONAL d/b/a New York Sports Club, Defendant–Respondent.
Opinion
PER CURIAM.
Order (Jennifer G. Schecter, J.), dated June 21, 2013, affirmed, with $10 costs.
Plaintiff, a regular user of the treadmills at defendant's health club, seeks damages for injuries she suffered when she fell while attempting to get on a treadmill on June 8, 2003. In moving for summary judgment, defendant made a prima facie showing of entitlement to judgment as a matter of law by submitting evidence—including plaintiff's deposition testimony—establishing that plaintiff was unable to identify the cause of her fall, and could only speculate as to the cause (see Smith v. City of New York, 91 AD3d 456–457 2012, lv denied 21 NY3d 858 2013 ). In opposition, plaintiff failed to raise any triable issue. Even accepting plaintiff's speculation that the injury occurred when she stepped onto a treadmill that another member failed to turn off, such claim is barred by the doctrine of primary assumption of the risk (see DiBenedetto v. Town Sports Intl., LLC, 118 AD3d 663 2014 ).
This constitutes the decision and order of the Court.
I concur.