Owen v. R.J.S. Safety Equipment, Inc.

OPINION OF THE COURT

Memorandum.

The order of the Appellate Division should be affirmed, with costs.

The record before the court on the motions for summary judgment demonstrates that plaintiffs decedent had paid a fee for the privilege of being admitted to the pit area of the Orange County Fair Speedway, where the accident that caused his death occurred. Since admission to the pit area was a necessary condition to decedent’s participation in the race, General Obligations Law § 5-326, which is operative when an owner or operator of a recreational facility has received "a fee * * * for the use of…