Legal Opinion

Schwartz v. Martin

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

Decided March 29, 2011PublishedCited by 7 opinions

1Opinion of the Court

*1202In 2001, 2005, and 2009, the plaintiff purchased a racing license from the defendant USA Cycling, Inc. (hereinafter USAC). Each license application included an “acknowledgment of risk, release of liability, indemnification agreement and covenant not to sue,” which the plaintiff signed. The latest acknowledgment provided, among other things, that the plaintiff released USAC, its affiliates, property owners and public entities, from “any and all rights and claims including claims arising from the releasees’ own negligence . . . and from any and all damages which may be sustained by me directly…

2Cases cited15 opinions

  1. Zuckerman v. City of New YorkNew York Court of Appeals · 1980
  2. Sommer v. Federal Signal Corp.New York Court of Appeals · 1992
  3. Gross v. SweetNew York Court of Appeals · 1979
  4. Lago v. KrollageNew York Court of Appeals · 1991
  5. Conte v. Frelen Associates, LLCAppellate Division of the Supreme Court of the State of New York · 2008

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3Cited by7 opinions

  1. Cadle Co. v. CalcadorAppellate Division of the Supreme Court of the State of New York · 2011
  2. Sjogren v. Board of Trustees of Dutchess Community Coll.Appellate Division of the Supreme Court of the State of New York · 2023
  3. Princetel, LLC v. BuckleyAppellate Division of the Supreme Court of the State of New York · 2012
  4. Vella v. UBM Holdings, Inc.Appellate Division of the Supreme Court of the State of New York · 2023
  5. Lawrence v. KennedyNew York Supreme Court · 2011

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