Opinion
March 19, 1996
Appeal from the Supreme Court, New York County (Richard Lowe, III, J.).
Plaintiff was injured when she fell over a coparticipant in an aerobics class conducted by defendants. Even assuming, arguendo, that the accident resulted from an allegedly overcrowded class, plaintiff admittedly attended 10 previous classes of the same size and had not complained about overcrowding. Thus, plaintiff, by her voluntary participation in the class, consented to the activity allegedly resulting in her injury, the risk of which was a foreseeable consequence of her participation ( see, Maddox v City of New York, 66 N.Y.2d 270; Turcotte v Fell, 68 N.Y.2d 432, 439). There also was no evidence that defendants had breached a duty of care owed to plaintiff. We have considered plaintiff's other claims and find them to be without merit.
Concur — Sullivan, J.P., Wallach, Kupferman, Nardelli and Tom, JJ.