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JOHNSON v. THRUWAY SPEEDWAYS

63 A.D.2d 204 (1978)

Joseph M. Johnson et al., Appellants, v. Thruway Speedways, Inc., et al., Respondents

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

July 13, 1978

Attorney(s) appearing for the Case

Gordon, Gordon & Siegel (Harold D. Gordon of counsel), for appellants.

Bouck, Holloway & Kiernan (John R. Casey of counsel), for Thruway Speedways, Inc., respondent.

Carter, Conboy, Bardwell, Case & Blackmore (Wayne L. Burton of counsel), for Richard Pollack, respondent.

GREENBLOTT, J. P., MAIN, MIKOLL and HERLIHY, JJ., concur.

KANE, J.

On August 9, 1975 at about 10:30 P.M., while a spectator in the grassy infield portion of an automobile racetrack known as Fonda Speedway, the plaintiff Joseph M. Johnson was struck and injured by a pick-up truck driven by the defendant Richard Pollack, an employee of the defendant Thruway Speedways, Inc., the operator of the racetrack. It is his contention that he was among a crowd of spectators watching...

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