HOWELL v. DUNDEE FAIR ASS'N


135 A.D.2d 1133 (1987)

Lawrence M. Howell et al., Appellants-Respondents, v. Dundee Fair Association et al., Appellants, and James Schuyler, Respondent

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

December 18, 1987


Order unanimously modified on the law and as modified, affirmed without costs, in accordance with the following memorandum: On July 16, 1986, plaintiff Lawrence Howell was working at the Dundee Raceway on the Dundee Fairgrounds on a fire and ambulance crew made up of members of the Dundee Volunteer Fire Department. The department provided the raceway with these services in exchange for a donation. Before entering, each volunteer was required to sign a "voluntary waiver and...

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