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EREZ TADMOR, plf-res, v. NEW YORK JIU JITSU INC., def-ap

10046. EREZ TADMOR, plf-res, v. NEW YORK JIU JITSU INC., def-ap — Cruser, Mitchell & Novitz, LLP, New York (Beth S. Gereg of counsel), for ap — Ogen & Sedaghati, P.C., New York (Eitan Alexander Ogen of counsel), for res — Order, Supreme Court, New York County (Saliann Scarpulla, J.), entered August 13, 2012, which denied defendant's motion for summary judgment dismissing the complaint, reversed, on the law, without costs, and the motion is granted. The Clerk is directed to enter judgment accordingly.

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10046. EREZ TADMOR, plf-res, v. NEW YORK JIU JITSU INC., def-ap — Cruser, Mitchell & Novitz, LLP, New York (Beth S. Gereg of counsel), for ap — Ogen & Sedaghati, P.C., New York (Eitan Alexander Ogen of counsel), for res — Order, Supreme Court, New York County (Saliann Scarpulla, J.), entered August 13, 2012, which denied defendant’s motion for summary judgment dismissing the complaint, reversed, on the law, without costs, and the motion is granted. The Clerk is directed to enter judgment accordingly.

The motion court erred when it denied defendant’s motion for summary judgment where plaintiff allegedly suffered an injury to his left knee while sparring with another student in a mixed martial arts class. It is well established that the doctrine of assumption of risk generally applies where the plaintiff is injured while voluntarily participating in a sport or recreational activity, and the injurycausing event is a “known, apparent or reasonably foreseeable consequence of the participation” (Turcotte v. Fell, 68 NY2d 432, 439 [1986]). The participant engaging in a sport or recreational activity “consents to those commonly appreciated risks which are inherent in and arise out of the nature of the sport generally and flow from such participation” (Morgan v. State of New York, 90 NY2d 471, 484 [1997]). Further, the assumption of risk doctrine considers the appreciation of risk measured “against the background of the skill and experience of the particular plaintiff” (Maddox v. City of New York, 66 NY2d 270, 278 [1985]).

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