While state law requires New York health clubs to have defibrillators and train staff to use them, they aren't required to use them when a patron goes down.
 
That's the ruling of New York's top court in the 2007 death of Gregory Miglino Sr., who collapsed in cardiac arrest at a Long Island health club owned by Bally Total Fitness of Greater New York.
 
Gym staff called 911, broadcast an in-house request for anyone with medical training and brought the club's defibrillator to Miglino's side, where a trainer detected breathing and a pulse but didn't use it.
 
A doctor and medical student began cardio-pulmonary resuscitation, paramedics arrived and shocked Miglino, but he died.
 
The Court of Appeals says Thursday a negligence lawsuit can proceed but the gym's duty is limited.