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Dillon v. Motorcycle Safety School

NEW YORK SUPREME COURT, APPELLATE DIVISION, FIRST DEPARTMENT


February 19, 2009

KIRK DILLON, PLAINTIFF-RESPONDENT,
v.
MOTORCYCLE SAFETY SCHOOL, INC., ET AL., DEFENDANTS-APPELLANTS.

Order, Supreme Court, Bronx County (Lucy Billings, J.), entered October 3, 2008, which denied defendants' motion for summary judgment dismissing the complaint, unanimously affirmed, without costs.

Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431.

This opinion is uncorrected and subject to revision before publication in the Official Reports.

Tom, J.P., Moskowitz, Acosta, Freedman, JJ.

22482/05

Although New York law generally enforces contractual provisions absolving a party from its own negligence, public policy prohibits contractual avoidance of liability for damages occasioned by grossly negligent conduct (Sommer v Federal Signal Corp., 79 NY2d 540, 554 [1992]; Federal Ins. Co. v Honeywell, Inc., 243 AD2d 605 [1997]). The court correctly determined that there were issues of fact as to whether defendants' activity rose to the level of gross negligence (see Food Pageant v Consolidated Edison Co., 54 NY2d 167, 172-173 [1981]).

THIS CONSTITUTES THE DECISION AND ORDER OF THE SUPREME COURT, APPELLATE DIVISION, FIRST DEPARTMENT.

20090219

© 1992-2009 VersusLaw Inc.



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