Vendura v. Fasano

Appellate Division of the Supreme Court of New York

Vendura v. Fasano

236 A.D.2d 465, 653 N.Y.S.2d 144, 1997 N.Y. App. Div. LEXIS 1196

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

DecidedFebruary 10, 1997

StatusPublished

Cited by2 cases

This text of 236 A.D.2d 465 (Vendura v. Fasano) is published on Counsel Stack Legal Research, covering Appellate Division of the Supreme Court of the State of New York primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

Vendura v. Fasano, 236 A.D.2d 465, 653 N.Y.S.2d 144, 1997 N.Y. App. Div. LEXIS 1196 (N.Y. Ct. App. 1997).

Pincite

Opinion

—In a negligence action to recover damages for personal injuries, the defendant appeals from an order of the Supreme Court, Suffolk County (D’Emilio, J.), dated June 19, 1995, which denied his motion for summary judgment dismissing the complaint. Justice Altman has been substituted for the late Justice Hart (see, 22 NYCRR 670.1 [c]).

Ordered that the order is reversed, on the law, with costs, the motion is granted, and the complaint is dismissed.

The plaintiff, a 45-year-old, fourth-degree black belt in karate, allegedly sustained physical injuries during a martial arts workout. Specifically, while executing a knife-disarming maneuver, the defendant, also a fourth-degree black belt, allegedly caused the plaintiff’s elbow to hyperextend, resulting in tendon damage. However, by his voluntary participation in a martial arts exercise, the plaintiff, an experienced practitioner, consented to the activity resulting in his injury, the risk of which was a foreseeable consequence of his participation (see, [466]*466Turcotte v Fell, 68 NY2d 432, 439; Beck v Scimeca, 229 AD2d 555; Chimerine v World Champion John Chung Tae Kwon Do Inst., 225 AD2d 323). Inasmuch as the plaintiff has not shown the defendant’s conduct to have been reckless or intentionally harmful (see, DiMarco v New York City Health & Hosps. Corp., 187 AD2d 479), the plaintiff is precluded from recovery (see, Beck v Scimeca, supra; Chimerine v World Champion John Chung Tae Kwon Do Inst., supra). Miller, J. P., Ritter, Copertino and Altman, JJ., concur.

Free access — add to your briefcase to read the full text and ask questions with AI

—In a negligence action to recover damages for personal injuries, the defendant appeals from an order of the Supreme Court, Suffolk County (D’Emilio, J.), dated June 19, 1995, which denied his motion for summary judgment dismissing the complaint. Justice Altman has been substituted for the late Justice Hart (see, 22 NYCRR 670.1 [c]).

Ordered that the order is reversed, on the law, with costs, the motion is granted, and the complaint is dismissed.

The plaintiff, a 45-year-old, fourth-degree black belt in karate, allegedly sustained physical injuries during a martial arts workout. Specifically, while executing a knife-disarming maneuver, the defendant, also a fourth-degree black belt, allegedly caused the plaintiff’s elbow to hyperextend, resulting in tendon damage. However, by his voluntary participation in a martial arts exercise, the plaintiff, an experienced practitioner, consented to the activity resulting in his injury, the risk of which was a foreseeable consequence of his participation (see, [466]*466Turcotte v Fell, 68 NY2d 432, 439; Beck v Scimeca, 229 AD2d 555; Chimerine v World Champion John Chung Tae Kwon Do Inst., 225 AD2d 323). Inasmuch as the plaintiff has not shown the defendant’s conduct to have been reckless or intentionally harmful (see, DiMarco v New York City Health & Hosps. Corp., 187 AD2d 479), the plaintiff is precluded from recovery (see, Beck v Scimeca, supra; Chimerine v World Champion John Chung Tae Kwon Do Inst., supra). Miller, J. P., Ritter, Copertino and Altman, JJ., concur.

Cite This Page — Counsel Stack

Bluebook (online)

236 A.D.2d 465, 653 N.Y.S.2d 144, 1997 N.Y. App. Div. LEXIS 1196, Counsel Stack Legal Research, https://law.counselstack.com/opinion/vendura-v-fasano-nyappdiv-1997.

Opinion

Related

Cite This Page — Counsel Stack