Torts · MBE-tested
Alison Chimerine, Appellant, v. World Champion John Chung Tae Kwon Do Institute et al., Respondents
225 A.D.2d 323638 N.Y.S.2d 474·New York Supreme Court, Appellate Division·1996·NY
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Opinion
Alison Chimerine, Appellant, v World Champion John Chung Tae Kwon Do Institute et al., Respondents.
[638 NYS2d 474]
[MAJORITY]
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.