Appellate Division of the Supreme Court of New York, 1996

Chimerine v. World Champion John Chung Tae Kwon Do Institute

Chimerine v. World Champion John Chung Tae Kwon Do Institute
Appellate Division of the Supreme Court of New York · Decided March 7, 1996
225 A.D.2d 323; 638 N.Y.2d 474; 638 N.Y.S.2d 474; 1996 N.Y. App. Div. LEXIS 2095
Chimerine v. World Champion John Chung Tae Kwon Do Institute

Opinion of the Court

Plaintiff, by her voluntary participation as a student in martial arts classes conducted by defendants, consented to the activity resulting in her injury, the risk of which was a foreseeable consequence of her participation (see, Turcotte v Fell, 68 NY2d 432, 439; Morales v New York City Hous. Auth., 187 AD2d 295). Moreover, there was no evidence that defendants breached a duty of care owed to plaintiff. Concur — Murphy, P. J., Sullivan, Wallach, Ross and Williams, JJ.

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