Ingram v. Life Fitness

Order, Supreme Court, New York County (Manuel J. Mendez, J.), entered April 6, 2015, which, insofar as appealed from as limited by the briefs, denied defendants’ motions for summary judgment dismissing the negligence and strict products liability claims, unanimously reversed, on the law, without costs, and the motion granted. The Clerk is directed to enter judgment dismissing the complaint.

The negligence claim is barred as a matter of law by the doctrine of primary assumption of the risk (see Morgan v State of New York, 90 NY2d 471, 484 [1997]). Plaintiff’s testimony established that she was…