Opinion
January 22, 1996
Appeal from the Supreme Court, Suffolk County (Cohalan, J.).
Ordered that the appeal from the order entered September 23, 1994, is dismissed, as that order was superseded by the order dated February 2, 1995, made upon reargument; and it is further,
Ordered that the order dated February 2, 1995, is affirmed insofar as appealed from; and it is further,
Ordered that the respondents are awarded one bill of costs.
The injured plaintiff, a technical inspector with the National Association for Stock Car Auto Racing, Inc., was hurt during a race at the Riverhead Raceway when a race car crashed into a guardrail gate behind which that plaintiff was standing. The releases executed by the injured plaintiff prior to the race preclude this action. We reject the plaintiffs' contentions that the releases are not applicable because the injured plaintiff was not in a "restricted area", as defined by the releases, or that he had completed his duties as a technical inspector at the time of the accident (see, Lago v Krollage, 157 A.D.2d 49, affd 78 N.Y.2d 95; Howell v Dundee Fair Assn., 135 A.D.2d 1133, affd 73 N.Y.2d 804). Thompson, J.P., Sullivan, Krausman and Florio, JJ., concur.