HOJNOWSKI EX REL. HOJNOWSKI v. Vans Skate Park

I am in full agreement -with that portion of the majority’s decision that affirms enforcement of the parties’ agreement to subject their dispute to arbitration. I part company from my colleagues, however, in so far as they have chosen to invalidate the waiver of liability that the parties to this appeal executed as a condition of the minor Andrew’s use of defendant’s property to skateboard. In that respect, I am in substantial agreement with the Appellate Division dissent that was penned by Judge Fisher. Essentially, because a waiver of rights of the type entered into by these parties…