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KOTARY v. SPENCER SPEEDWAY

47 A.D.2d 127 (1975)

Robert F. Kotary, an Infant, by His Father and Natural Guardian, Clifford L. Kotary, Plaintiff, and Clifford L. Kotary, Individually, Appellant, v. Spencer Speedway, Inc., Respondent Marion E. Reitano, Individually and as Administratrix of The Estate of James Reitano, Deceased, Appellant, v. Spencer Speedway, Inc., Respondent

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

March 6, 1975.

Attorney(s) appearing for the Case

Ronald C. Powers (William J. Powers, Jr., of counsel), for Clifford L. Kotary, appellant.

Miller, Bouvier, O'Connor & Ceglieski (Gerald Bouvier of counsel), for respondent.

Robert C. Napier (Gregory J. Bushorr of counsel), for Marion E. Reitano, appellant.

MOULE, J. P., SIMONS, GOLDMAN and WITMER, JJ., concur.

MAHONEY, J.

The instant lawsuits are the result of an accident occurring on July 31, 1970 when an automobile participating in a stock car race sponsored by and held at premises of defendant Spencer Speedway, Inc., went out of control and crashed into the bleachers located in the "pit" area, causing several deaths, including that of James Reitano, and injuring numerous other people, including Clifford L. Kotary...

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