New York Court of Appeals
Dineen M. Lago, as Administratrix of the Estate of Francis v. Cervoni v. Robert Krollage, Respondents Robert…
June 11, 199178 N.Y.2d 95
Summary
The New York Court of Appeals affirmed the Appellate Division's order dismissing the plaintiff's wrongful‑death claim, holding that General Obligations Law § 5‑326 does not apply to the NASCAR license‑application release and therefore the release is enforceable. The court also declined to consider assumption‑of‑risk or user‑status arguments because the release barred recovery.