Summary
In Bufano v National Inline Roller Hockey Assn. (272 AD2d 359, 359-360 [2d Dept 2000]) where the plaintiff was injured in a fight with another player during a game, the release signed by the player was upheld as enforceable because it "expressed in clear and unequivocal language the intent to relieve the defendants of all liability for personal injuries... caused by the defendants' negligence."
Summary of this case from STEPHENSON v. FOOD BANK FOR NY CITYOpinion
Submitted March 29, 2000.
May 8, 2000.
In an action to recover damages for personal injuries, etc., the plaintiffs appeal from an order of the Supreme Court, Westchester County (Scancarelli, J.), entered June 2, 1999, which granted the defendants' motion for summary judgment dismissing the complaint.
Levinson, Zeccola, Reineke, Ornstein Selinger, P.C., Central Valley, N.Y. (John S. Selinger of counsel), for appellants.
Killarney Salmon, New York, N.Y. (Joseph J. Rava of counsel), for respondents.
LAWRENCE J. BRACKEN, J.P., DANIEL W. JOY, WILLIAM C. THOMPSON, GLORIA GOLDSTEIN, SANDRA J. FEUERSTEIN, JJ.
DECISION ORDER
ORDERED that the order is affirmed, with costs.
The injured plaintiff, Jack Bufano, was a member of an inline roller hockey league. To become a member of the league Bufano paid $25 annual dues and signed a registration form, which contained a release of liability. Bufano was injured in a fight with another player during a game. Contrary to the plaintiffs' contention, General Obligation Law § 5-326 Gen. Oblig. does not void the release Bufano signed, since the $25 he paid was not paid to the owner or operator of a recreational facility (see, Stuhlweissenburg v. Town of Orangetown, 223 A.D.2d 633). In addition, the liability release he signed expressed in clear and unequivocal language the intent to relieve the defendants of all liability for personal injuries to Bufano caused by the defendants' negligence. Thus, the release is enforceable (see, Lago v. Krollage, 78 N.Y.2d 95, 99-100; Castellanos v. Nassau/Suffolk Dek Hockey, 232 A.D.2d 354). Moreover, by voluntarily participating in the game, Bufano assumed the risk of the injuries he sustained (see, Morgan v. State of New York, 90 N.Y.2d 471; Castellanos v. Nassau/Suffolk Dek Hockey, supra).
BRACKEN, J.P., JOY, THOMPSON, GOLDSTEIN and FEUERSTEIN, JJ., concur.