Dowdy v. New York Health and Racquet Club

Full title: DEAN DOWDY, Respondent, v. NEW YORK HEALTH AND RACQUET CLUB, Appellant

Court: Appellate Division of the Supreme Court of New York, First Department

Date published: Jan 9, 1996

223 A.D.2d 382 (N.Y. App. Div. 1996)

636 N.Y.S.2d 297

Opinion

January 9, 1996

Appeal from the Supreme Court, New York County (Diane Lebedeff, J.).

Summary judgment was properly denied since issues of fact exist as to, inter alia, whether the alleged negligent supervision by a karate instructor, an employee of defendant, was a breach of defendant's duty of care and to what extent, if any, plaintiff assumed the risk of injury by regularly partaking in the organized sparring sessions, which were conducted on a hard and allegedly slippery gym floor ( Radwaner v USTA Natl. Tennis Ctr., 189 A.D.2d 605, 605-606; see, Benitez v New York City Bd. of Educ., 73 N.Y.2d 650, 658, quoting McGee v Board of Educ., 16 A.D.2d 99, 102, lv denied 13 N.Y.2d 596).

Concur — Ellerin, J.P., Rubin, Nardelli, Tom and Mazzarelli, JJ.