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  5. 79 N.Y.2d 967 (1992)
 

OWEN v. R.J.S. SAFETY EQUIP., INC.

79 N.Y.2d 967 (1992)

Carol A. Owen, Individually and as Administratrix of The Estate of John Owen, Deceased, Plaintiff, v. R.J.S. Safety Equipment, Inc., et al., Defendants and Third-Party Plaintiffs-Respondents. Orange County Fair Speedway, Inc., et al., Third-Party Defendants-Appellants. (Action No. 1.) Carol A. Owen, Individually and as Administratrix of The Estate of John Owen, Deceased, Respondent, v. Orange County Fair Speedway, Inc., et al., Appellants. (And a Third-Party Action.) (Action No. 2.)

Court of Appeals of the State of New York.

Decided April 2, 1992.

Attorney(s) appearing for the Case

Martin H. Weisfuse for appellants.

Duncan W. Clark for Carol A. Owen, respondent.

Stephen J. Gaba for R.J.S. Safety Equipment, Inc., respondent.

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

MEMORANDUM.

The order of the Appellate Division should be affirmed, with costs.

The record before the court on the motions for summary judgment demonstrates that plaintiff's decedent had paid a fee for the privilege of being admitted to the pit area of the Orange County Fair Speedway, where the accident that caused his death occurred. Since admission to the pit area was a necessary condition to decedent's participation...

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