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SPIEGEL v. FUN-TYME SKI & SPORT SHOP, INC.

100 A.D.2d 584 (1984)

James Spiegel, Appellant, v. Fun-Tyme Ski & Sport Shop, Inc., Respondent

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

March 19, 1984

¶ Order reversed, insofar as appealed from, on the law, with costs, plaintiff's motion granted, and the fourth affirmative defense dismissed.

¶ The release and hold harmless agreement on which the fourth affirmative defense is based fails, as a matter of law, to meet the standards set forth in Gross v Sweet (49 N.Y.2d 102

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