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FRANCO v. NEGLIA

3 Misc.3d 15 (2004)

776 N.Y.S.2d 690

FRANCINE FRANCO, Individually and as Mother and Natural Guardian of DAVID FRANCO, an Infant, Respondent, v. Louis NEGLIA et al., Appellants.

Supreme Court, Appellate Term, Second Department.

January 27, 2004.

Attorney(s) appearing for the Case

Wade Clark Mulcahy, New York City (Paul F. Clark and Nathalie Pierre of counsel), for appellants.

Sol Mermelstein, Brooklyn, for respondent.

PESCE, P.J., ARONIN and PATTERSON, JJ., concur.

OPINION OF THE COURT

MEMORANDUM.

Order unanimously affirmed without costs.

In this action to recover for personal injuries, the infant plaintiff testified at his examination before trial that, on his first day of kickboxing class at defendants' martial arts academy, he was placed in an advanced class and paired up with an experienced partner who flipped or threw him onto the ground causing him to sustain a broken toe. Defendants moved for summary...

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