Equinox's Defect Suit Tossed Over Missing Treadmill

Law360, New York (January 10, 2014, 5:51 PM EST) -- Fitness center Equinox Holdings Inc. can’t bring a third-party defect suit against the maker of a treadmill that allegedly injured a gym-goer because the treadmill and related paperwork went missing in the underlying personal injury case, a New York appeals court ruled Thursday.

A four-judge panel in Manhattan's First Department, a midlevel appellate court, upheld trial court Judge Paul Wooten's October 2012 ruling that the third-party complaint against Life Fitness Inc. should be struck on grounds of spoliation of evidence.

"The motion court’s invocation of the...
To view the full article, register now.