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SHAW v. AKT INMOTION INC.

160167/18. Appeal No. 15743. Case No. 2021-01888.

204 A.D.3d 524 (2022)

164 N.Y.S.3d 817

2022 NY Slip Op 02519

Christine Shaw, Respondent, v. AKT Inmotion Inc. et al., Appellants.

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

Decided April 19, 2022.

Attorney(s) appearing for the Case

Morris Duffy Alonso Faley & Pitcoff, New York ( Iryna S. Krauchanka and Kevin A. Faley of counsel), for appellants.

Halperin & Halperin, P.C., New York ( Jeffrey Weiskopf , of counsel), for respondent.

Concur—Gische, J.P., Webber, Scarpulla, Rodriguez, Higgitt, JJ.

Even assuming the "Release of Liability and Assumption of Risk" executed by plaintiff can be read to exculpate defendants from the consequences of their own negligence (cf. Gross v Sweet, 49 N.Y.2d 102 [1979]), there are issues of fact as to whether defendants' facility offers recreational as well as instructional uses, and therefore as to whether the release is void pursuant to General Obligations Law § 5-326 where plaintiff...

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