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CORTWRIGHT v. BREWERTON INTL.

145 A.D.2d 297 (1989)

Richard M. Cortwright et al., Appellants, v. Brewerton International Speedway, Inc., Respondent

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

March 10, 1989

Attorney(s) appearing for the Case

Duell & Love (Verner Love of counsel), for appellants.

James G. Stevens (James Stevens, Jr., of counsel), for respondent.

DILLON, P. J., CALLAHAN, DOERR and PINE, JJ., concur.

LAWTON, J.

The issue presented on this appeal is whether the duty owed to a patron by an owner of an auto speedway is the same as that owed by an owner to a patron of a baseball game, viz., to provide a sufficient number of protected seats in the area of greatest danger (Akins v Glens Falls City School Dist., 53 N.Y.2d 325, rearg denied 54 N.Y.2d 831; Davidoff...

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