In Sugarman v. Equinox Holdings, Inc., a New York County court dismissed an action brought by a health club member against Equinox gym. Sugarman alleged that Equinox was liable for the actions of a fellow gym-goer who in a fit of “spin rage,” threw Sugarman, who was still perched on his spin bike, into a plaster wall. Sugarman further argued that Equinox employees should have anticipated the tortious conduct and diffused the underlying verbal argument. In granting the motion to dismiss, the court held that the fellow rider’s actions were not foreseeable as Equinox had no notice of his propensity to do harm because he had not exhibited any known pattern of criminal behavior. The court further held that the verbal attack on Sugarman, absent any concurrent physical actions, was not sufficient to put Equinox on notice of any possible physical assault.