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MICHALOVIC v. RACING ASSN

79 A.D.2d 82 (1981)

John G. Michalovic, Individually and as Administrator of The Estate of Joseph Michalovic, Deceased, Appellant-Respondent, v. Genesee-Monroe Racing Association, Inc., Respondent-Appellant

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

February 13, 1981

Attorney(s) appearing for the Case

Brown, Kelly, Turner, Hassett & Leach (Robert Michalak of counsel), for appellant-respondent.

Hurwitz & Fine, P. C. (Sheldon Hurwitz of counsel; Paul J. Suozzi with him on the brief), for respondent-appellant.

DILLON, P. J., HANCOCK, JR., DOERR and DENMAN, JJ., concur.

MOULE, J.

The question presented on this appeal is whether section 9-103 of the General Obligations Law provides defendant with a defense to liability as a matter of law.

On August 7, 1977, 14-year-old Joseph Michalovic was riding a motorbike in the parking lot of the Batavia Downs Race Track (Batavia Downs). The race track was closed and the parking lot was vacant. While driving in large loops, at approximately...

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