SMITH v. LEBANON VALLEY AUTO RACING, INC.


167 A.D.2d 779 (1990)

Joseph A. Smith, Respondent, v. Lebanon Valley Auto Racing, Inc., Appellant, et al., Defendants

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

November 29, 1990


Yesawich, Jr., J.

On the evening of April 25, 1981, plaintiff was severely injured at the speedway operated by defendant Lebanon Valley Auto Racing, Inc. (hereinafter Lebanon Valley). Prior to his admission to the speedway that night, plaintiff had paid a $10 fee for a license to enable him to apply for access to the infield pit area. Plaintiff indicated on the license application that he was a member of the pit crew for car No. 111. After

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