Chimerine v. World Champion John Chung Tae Kwon Do Institute
Appellate Division of the Supreme Court of the State of New York
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
- Turcotte v. FellNew York Court of Appeals · 1986
- Morales v. New York City Housing AuthorityAppellate Division of the Supreme Court of the State of New York · 1992
3Cited by2 opinions
- Beck v. ScimecaAppellate Division of the Supreme Court of the State of New York · 1996
- Vendura v. FasanoAppellate Division of the Supreme Court of the State of New York · 1997