Legal Opinion

Franzek v. Calspan Corp.

Appellate Division of the Supreme Court of the State of New York

Decided December 23, 1980PublishedCited by 19 opinions

1Opinion of the Court

OPINION OF THE COURT

Cardamone, J. P.

Before embarking on a hazardous trip with defendant, plaintiff signed a release waiving all claims caused by defendant’s negligence which he might have against defendant. We hold that release to be valid. The,more difficult question is—does the release insulate-'this defendant from the claims for contribution made by the other defendants involved. In our view it does not.

This litigation arises as a result of an attempt to traverse the “white water” of the lower Niagara River on a rubber raft. Twenty-nine persons were aboard on this experimental trip to…

2Cases cited14 opinions

  1. Dole v. Dow Chemical Co.New York Court of Appeals · 1972
  2. Riviello v. WaldronNew York Court of Appeals · 1979
  3. McDermott v. City of New YorkNew York Court of Appeals · 1980
  4. Pimpinello v. Swift & Co.New York Court of Appeals · 1930
  5. Gross v. SweetNew York Court of Appeals · 1979

9 more not listed; retrieve them via the Exa API.

3Cited by19 opinions

  1. Sommer v. Federal Signal Corp.New York Court of Appeals · 1992
  2. Robert S. Ohanian, Cross-Appellant v. Avis Rent a Car System, Inc., Cross-AppelleeCourt of Appeals for the Second Circuit · 1985
  3. Hulsey v. Elsinore Parachute CenterCalifornia Court of Appeal · 1985
  4. Johnson City Central School District v. Fidelity & Deposit Co.Appellate Division of the Supreme Court of the State of New York · 2000
  5. Makeun v. StateAppellate Division of the Supreme Court of the State of New York · 1984

14 more not listed; retrieve them via the Exa API.

Showing a preview — retrieve the full document via the Exa API.

Powered by the Exa API