Defendant has brought on a motion for summary judgment pursuant to CPLR 3212 based on a release executed by the plaintiff.
For the purpose of this motion, all the allegations in the complaint are deemed to be true, and to a marked degree are admitted (by failing to deny), in defendant's answer.
The factual background reveals that plaintiff, on August 17, 1963, was a race car driver participant in a stock car automobile...
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