Majority
p. 323Alison Chimerine, Appellant, v World Champion John Chung Tae Kwon Do Institute et al., Respondents. [638 NYS2d 474]
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.
Cases cited
- Turcotte v. Fell 68 NY2d 432 at 439 p. 323
- Morales v. New York City Housing Authority 187 AD2d 295 p. 323