Legal Opinion

Chimerine v. World Champion John Chung Tae Kwon Do Institute

Appellate Division of the Supreme Court of the State of New York

Decided March 7, 1996PublishedCited by 2 opinions

1Opinion 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.

2Cases cited2 opinions

  1. Turcotte v. FellNew York Court of Appeals · 1986
  2. Morales v. New York City Housing AuthorityAppellate Division of the Supreme Court of the State of New York · 1992

3Cited by2 opinions

  1. Beck v. ScimecaAppellate Division of the Supreme Court of the State of New York · 1996
  2. Vendura v. FasanoAppellate Division of the Supreme Court of the State of New York · 1997