Franco v. Neglia

OPINION OF THE COURT

Memorandum.

Order unanimously affirmed without costs.

In this action to recover for personal injuries, the infant plaintiff testified at his examination before trial that, on his first day of kickboxing class at defendants’ martial arts academy, he was placed in an advanced class and paired up with an experienced partner who flipped or threw him onto the ground causing him to sustain a broken toe. Defendants moved for summary judgment arguing that the infant plaintiff signed a release which precluded the instant action and, in any event, he assumed the risk of participating…