Legal Opinion
Theroux v. Kedenburg Racing Ass'n
New York Supreme Court
Decided October 5, 1965PublishedCited by 28 opinions
1Opinion of the Court
John P. Cohalan, Jr., J.
Defendant has brought on a motion for summary judgment pursuant to CPLR 3212 based on a release executed by the plaintiff.
For the purpose of this motion, all the allegations in the complaint are deemed to be true, and to a marked degree are admitted (by failing to deny), in defendant’s answer.
The factual background reveals that plaintiff, on August 17, 1963, was a race car driver participant in a stock car automobile race at the Freeport Stadium in Nassau County. This was the eighth time he had taken part in such races at this track.
Plaintiff’s car and two others…
2Cases cited5 opinions
- Johnston v. . FargoNew York Court of Appeals · 1906
- Conklin v. Canadian-Colonial Airways, Inc.New York Court of Appeals · 1935
- Boll v. Sharp & Dohme, Inc.Appellate Division of the Supreme Court of the State of New York · 1953
- Boll v. Sharp & Dohme, Inc.New York Court of Appeals · 1954
- Western Union Telegraph Co. v. CochranNew York Court of Appeals · 1951
3Cited by28 opinions
- Gross v. SweetNew York Court of Appeals · 1979
- Holzer v. Dakota Speedway, Inc.South Dakota Supreme Court · 2000
- Winterstein v. WilcomCourt of Special Appeals of Maryland · 1972
- Lago v. KrollageNew York Court of Appeals · 1991
- LaFrenz v. Lake County Fair BoardIndiana Court of Appeals · 1977
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