YEDID v. GYMNASTIC CENTER (2006)

In an action to recover damages for personal injuries, etc., the plaintiffs appeal from an order of the Supreme Court, Nassau County (Covello, J.), dated May 2, 2005, which granted the defendants' motion for summary judgment dismissing the complaint.

ORDERED that the order is affirmed, with costs.

The infant plaintiff alleged that while he was performing a front flip on a trampoline in his gymnastics class, he was unable to complete his rotation and fell.   The infant plaintiff had completed this maneuver unassisted on a number of occasions without incident.   Indeed, right before the accident, he successfully completed this maneuver without any assistance.

The Supreme Court properly granted the defendants' motion for summary judgment dismissing the complaint.   The defendants submitted evidence sufficient to establish that the infant plaintiff assumed the apparent risk of falling when he voluntarily engaged in the subject maneuver (see Koubek v. Denis, 21 A.D.3d 453, 799 N.Y.S.2d 746;  Liccione v. Gearing, 252 A.D.2d 956, 675 N.Y.S.2d 728;  cf. Hopkins v. City of New York, 248 A.D.2d 441, 669 N.Y.S.2d 667).   In opposition, the plaintiffs failed to submit evidence sufficient to raise a triable issue of fact (see Trummer v. Niewisch, 17 A.D.3d 349, 792 N.Y.S.2d 596;  Honohan v. Turrone, 297 A.D.2d 705, 747 N.Y.S.2d 543).