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LAGO v. KROLLAGE

78 N.Y.2d 95 (1991)

Dineen M. Lago, as Administratrix of The Estate of Francis V. Cervoni, Appellant, v. Robert Krollage et al., Respondents. Robert Krollage et al., Third-Party Plaintiffs-Respondents, v. National Association for Stock Car Auto Racing, Inc., et al., Third-Party Defendants-Respondents.

Court of Appeals of the State of New York.

Decided June 11, 1991.

Attorney(s) appearing for the Case

Paul M. Duffy for appellant.

E. Richard Rimmels, Jr., for Suffolk Motordome, Inc., respondent and National Association for Stock Car Auto Racing, Inc., third-party defendant-respondent.

Chief Judge WACHTLER and Judges SIMONS, KAYE, TITONE, HANCOCK, JR., and BELLACOSA concur.

ALEXANDER, J.

Plaintiff's decedent Francis V. Cervoni, died as a result of injuries sustained at a stock car racing event held on August 28, 1982, at Islip Speedway, a facility then being operated by Suffolk Motordome, Inc.

During a "figure-eight" race sanctioned by the National Association for Stock Car Auto Racing, Inc. (NASCAR), while working in the pit area on the infield of the track, attempting to...

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