[DOWNLOAD] "Barone v. Villa" by Appellate Division, Fourth Department, New York Supreme Court * Book PDF Kindle ePub Free
eBook details
- Title: Barone v. Villa
- Author : Appellate Division, Fourth Department, New York Supreme Court
- Release Date : January 13, 1998
- Genre: Law,Books,Professional & Technical,
- Pages : * pages
- Size : 54 KB
Description
Order unanimously reversed on the law with costs, motion for summary judgment denied and complaint reinstated. Memorandum: Plaintiff commenced this action to recover for personal injuries that she sustained in a fall while participating in a "challenge" course owned by defendant. Supreme Court granted defendants motion for summary judgment dismissing the complaint based on a release signed by plaintiff before she was injured and, upon reargument, adhered to its determination. On appeal, plaintiff contends that the release is unenforceable under General Obligations Law §5-326 and cannot be construed to bar a claim alleging defendants negligence.
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