Legal Opinion

Gross v. Sweet

New York Court of Appeals

Decided November 29, 1979PublishedCited by 242 opinions

1Opinion of the Court

OPINION OF THE COURT

Fuchsberg, J.

We hold that, in the circumstances of this case, a release *105signed by the plaintiff as a precondition for his enrollment in defendant’s parachute jumping course does not bar him from suing for personal injuries he allegedly incurred as a result of defendant’s negligence.

Plaintiff Bruce Gross, wishing to learn how to parachute, enrolled in the Stormville Parachute Center Training School, a facility owned and operated by the defendant William Sweet for the purpose of offering instruction in the sport. The ensuing events are essentially undisputed. As a…

2Cases cited20 opinions

  1. Levine v. Shell Oil Co.New York Court of Appeals · 1971
  2. Hogeland v. SibleyNew York Court of Appeals · 1977
  3. Ciofalo v. Vic Tanney Gyms, Inc.New York Court of Appeals · 1961
  4. Johnston v. . FargoNew York Court of Appeals · 1906
  5. New York Central Railroad v. MohneySupreme Court of the United States · 1920

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3Cited by242 opinions

  1. Sommer v. Federal Signal Corp.New York Court of Appeals · 1992
  2. Golden Pacific Bancorp, Plaintiff-Counter-Defendant-Appellant v. Federal Deposit Insurance Corporation Defendant-Counter-Claimant-AppelleeCourt of Appeals for the Second Circuit · 2001
  3. Kalisch-Jarcho, Inc. v. City of New YorkNew York Court of Appeals · 1983
  4. Jones v. DresselSupreme Court of Colorado · 1981
  5. St. Paul Fire & Marine Insurance v. Universal Builders SupplyCourt of Appeals for the Second Circuit · 2005

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