Hennessey v. Young Men's Christian Ass'n
New York Supreme Court
1Opinion of the CourtJacob J. Schwartzwald, J.
This is a motion by the defendant to amend its answer by setting up an affirmative defense. The action is for injuries received by the plaintiff while using defendant’s gymnasium facilities. The motion is opposed on the ground that the amendment sought to be interposed as an affirmative defense is void as being against public policy, and reads as follows: u In consideration for the privilege of using the facilities of this association and participating in the activities thereof, I agree and covenant not to bring suit against this association or any of its servants, agents or employees for any…
2Cases cited3 opinions
- Newman v. GoldbergAppellate Division of the Supreme Court of the State of New York · 1937
- Stanford v. LinenAppellate Division of the Supreme Court of the State of New York · 1938
- Nathan H. Gordon Corp. v. CosmanAppellate Division of the Supreme Court of the State of New York · 1931
3Cited by1 opinion
- Bosco v. Daly's Astoria Sanatorium, Inc.New York Supreme Court · 1962