RICHARDSON v. ISLAND HARVEST, LTD.

2016-01028. Index No. 9035/14.

166 A.D.3d 827 (2018)

89 N.Y.S.3d 92

2018 NY Slip Op 07768

Sean Richardson, Appellant, v. Island Harvest, Ltd., Respondent.

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

Decided November 14, 2018.


Ordered that the order is reversed, on the law, with costs, and the defendant's motion for leave to amend its answer and for summary judgment dismissing the complaint is denied.

On January 30, 2012, the plaintiff applied as a volunteer for the position of "Warehouse Assistant" at the defendant's facility. On July 26, 2012, the plaintiff executed a "Volunteer Agreement," which stated, inter alia, "I agree to hold [the defendant] harmless for any injury or bodily harm...

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