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

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.

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DOWDY v. NEW YORK HEALTH AND RACQUET CLUB
(Jan 9, 1996)