Franzek v. Calspan Corp.
Appellate Division of the Supreme Court of the State of New York
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
- Dole v. Dow Chemical Co.New York Court of Appeals · 1972
- Riviello v. WaldronNew York Court of Appeals · 1979
- McDermott v. City of New YorkNew York Court of Appeals · 1980
- Pimpinello v. Swift & Co.New York Court of Appeals · 1930
- Gross v. SweetNew York Court of Appeals · 1979
9 more not listed; retrieve them via the Exa API.
3Cited by19 opinions
- Sommer v. Federal Signal Corp.New York Court of Appeals · 1992
- Robert S. Ohanian, Cross-Appellant v. Avis Rent a Car System, Inc., Cross-AppelleeCourt of Appeals for the Second Circuit · 1985
- Hulsey v. Elsinore Parachute CenterCalifornia Court of Appeal · 1985
- Johnson City Central School District v. Fidelity & Deposit Co.Appellate Division of the Supreme Court of the State of New York · 2000
- 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.