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WALTER VENDURA, Respondent, v. ROBERT FASANO, Appellant.

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, Turcotte 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).

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VENDURA v. FASANO
(Feb 10, 1997)