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Decided on August 26, 2010
Supreme Court, Richmond County

103372/05
Plaintiff is represented by the law firm of Jonathan D'Agostino & Associates. Defendant Atlas Health & Fitness is represented by the law firm of McCabe Collins McGeough & Fowler and defendant Precor USA is represented by the law firm of Morrison Mahoney, LLP.
Joseph J. Maltese, J.
Defendants Atlas Health & Fitness a/k/a Atlas Gym ("Atlas") and Precor USA a/k/a Precor
Incorporated's ("Precor") motions for summary judgment pursuant to CPLR 3212 are granted to the

extent that Plaintiff Jeremy Cavolo's complaint is dismissed as to both defendants.
FACTS
This is a product liability action for personal injuries allegedly sustained by the plaintiff Jeremy Cavolo at Atlas Gym on June 3, 2003 when the bar of an exercise machine known as the "Smith Machine" fell onto his head during a brief rest period between lifting (the "Accident"). The Smith Machine allows a weightlifter to do a number of exercises without the need for a "spotter"which, in weight-lifting terms, is another person that stands by in the event the weight

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