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GERVASI v. HOLLAND RACEWAY, INC.

40 A.D.2d 574 (1972)

Donald Gervasi, Respondent, v. Holland Raceway, Inc., Appellant. (Action No. 1.) Patricia Kraemer, as Administratrix of The Estate of Robert A. Kraemer, Deceased, Respondent v. Holland Raceway, Inc., Appellant. (Action No. 2.) William H. Robinson, Jr., Respondent, v. Holland Raceway, Inc., Appellant. (Action No. 3.)

Appellate Division of the Supreme Court of the State of New York, Fourth Department.

July 6, 1972

Order unanimously reversed on the law without costs, motion granted and complaints dismissed.

Memorandum:

Appellant's motion for summary judgment was denied, on the ground that "There are many questions of fact which must first be determined before it would be possible to apply the law and determine whether or not the releases are valid". The releases executed by the deceased Robert Kraemer, whose administratrix is a respondent herein, and respondent William...

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