CONTEH v. MAJESTIC FARMS


292 A.D.2d 485 (2002)

739 N.Y.S.2d 728

SHARON CONTEH, Appellant, v. MAJESTIC FARMS et al., Respondents.

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

Decided March 18, 2002.


Ordered that the order is affirmed insofar as appealed from, with costs.

Although the defendants' cross motion for summary judgment dismissing the complaint was properly granted, we disagree with the Supreme Court's reason for doing so. Contrary to the determination of the Supreme Court, the release from liability executed by the plaintiff did not clearly and unequivocally insulate the defendants from liability for their own negligent acts and, thus, is not enforceable...

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