MEMORANDUM AND ORDER
GLASSER, Senior District Judge.
On August 22, 1994 Limor Rosenthal ("Rosenthal") commenced an action in the Supreme Court, Queens County against Jack LaLanne Fitness Center, Inc. ("LaLanne") alleging injuries sustained on March 9, 1994 while using a treadmill at the LaLanne facility. On March 5, 1997 Rosenthal commenced the present action in the Supreme Court,
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