General Obligations Law § 5-326

The First Department reinstated the complaint, in Connolly v. Peninsula Group, decided on February 28, 2008, even though plaintiff had signed a release with a covenant against bringing suit for personal injuries incurred during training sessions at defendant's spa. Plaintiff alleges that the trainer, who was aware of plaintiff's limited mobility in his shoulder, insisted that plaintiff engage in a modified lateral pulldown. Plaintiff felt a snap in his shoulder and later learned that a piece of steel, still in his shoulder from a previous surgery, had dislodged.

New York practice point: Although clear and unambiguous, the release is void as against public policy, pursuant to General Obligations Law § 5-326, inasmuch as the training sessions were merely ancillary to the recreational activities offered by the spa.