Howell v. Dundee Fair Ass'n

OPINION OF THE COURT

Memorandum.

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

Plaintiff was injured at a car racetrack while serving on the volunteer fire and ambulance crew. He paid no fee to enter the racetrack, but prior to entering the pit area where he was injured, he signed a waiver and release of liability for any injury sustained while in the restricted area. The only issue presented to us in this personal injury action is whether the release is void under General Obligations Law § 5-326, which provides in pertinent part: "Every * * * agreement * * * in or in…