DUMEZ v. HARBOR JET SKI


117 Misc.2d 249 (1982)

David Dumez, Plaintiff, v. Harbor Jet Ski, Inc., et al., Defendants.

Supreme Court, Niagara County.

June 30, 1982


Attorney(s) appearing for the Case

Kushner, Kushner & Roscetti, P. C., for plaintiff. Cohen, Lombardo, Blewett, Fisher, Hite & Spandau (Steven G. Wiseman of counsel), for Harbor Jet Ski, Inc., defendant. Charles F. Van Volkenburg for Bart R. Melchiorre, defendant.


JOSEPH J. SEDITA, J.

This is a motion by the plaintiff to dismiss the defendant corporation's affirmative defense based upon a release executed by the plaintiff.

Plaintiff was allegedly injured while using a "jet ski" which he rented from the defendant corporation. Prior to using the "jet ski", the plaintiff signed a document releasing the defendant corporation from liability.

Section 5-326 of the General Obligations Law renders void as...

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