MIRANDA v. HAMPTON AUTO RACEWAY, INC.


130 A.D.2d 558 (1987)

Michael Miranda, Appellant, v. Hampton Auto Raceway, Inc., Respondent. (Action No. 1.) Douglas R. Frerichs, Appellant, v. Hampton Auto Raceway, Inc., Respondent, and Michael Miranda, Third-Party Defendant. (Action No. 2.)

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

May 11, 1987


Ordered that the order is reversed, on the law, the defendant's cross motion is denied, the plaintiff Miranda's motion is granted, the complaints are reinstated, and the second affirmative defense in action No. 1 is stricken; and it is further,

Ordered that the plaintiffs are awarded one bill of costs.

The release signed by the plaintiff Miranda is void under General Obligations Law § 5-326, since he paid a fee to use the defendant's racing facility and...

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