Stone v. Plattsburgh Speedway, Inc.

Appeals (1) from an order of the Supreme Court (Ryan, Jr., J.), entered April 5, 1989 in Clinton County, which granted defendants’ motion for summary judgment dismissing the complaint, and (2) from the judgment entered thereon.

This action was commenced by plaintiff Dennis Stone (hereinafter plaintiff) and his wife to recover for injuries sustained by plaintiff while participating in a stockcar race at defendant Airborne Park Speedway (hereinafter defendant) on August 13, 1983. Plaintiff alleged that the accident occurred when he *770hit a large depression or hole which existed in turn one of the…