GROSS v. SWEET


49 N.Y.2d 102 (1979)

Bruce E. Gross, Respondent, v. William Sweet, Doing Business as Stormville Parachute Center, et al., Appellants.

Court of Appeals of the State of New York.

Decided November 29, 1979.


Attorney(s) appearing for the Case

Michael Davidoff and John S. McBride for appellants.

Philip Korn for respondent.

Chief Judge COOKE and Judges GABRIELLI and WACHTLER concur with Judge FUCHSBERG; Judge JONES dissents and votes to reverse in a separate opinion in which Judges JASEN and MEYER concur.


FUCHSBERG, J.

We hold that, in the circumstances of this case, a release signed by the plaintiff as a precondition for his enrollment in defendant's parachute jumping course does not bar him from suing for personal injuries he allegedly incurred as a result of defendant's negligence.

Plaintiff Bruce Gross, wishing to learn how to parachute, enrolled in the Stormville...

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