Appellate Division of the Supreme Court of New York, 1993

Welsh v. Genesee County Agricultural Society, Inc.

Welsh v. Genesee County Agricultural Society, Inc.
Appellate Division of the Supreme Court of New York · Decided November 19, 1993
198 A.D.2d 916; 606 N.Y.S.2d 1012; 1993 N.Y. App. Div. LEXIS 11625
Welsh v. Genesee County Agricultural Society, Inc.

Opinion of the Court

—Order unanimously affirmed with costs. Memorandum: Because questions of fact exist whether defendant provided adequate safeguards to protect spectators seated in the pit area from reasonably foreseeable dangers associated with high speed auto racing (see, Cortwright v Brewerton Intl. Speedway, 145 AD2d 297), defendant’s motion for summary judgment was properly denied. (Appeal from Order of Supreme Court, Gene-see County, Wolf, Jr., J. — Summary Judgment.) Present — Callahan, J. P., Pine, Lawton, Doerr and Boehm, JJ.

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