June 18, 2008

Written releases.

Practice point: General Obligations Law § 5-326 does not invalidate a release executed by a New York City Marathon runner, since the entry fee is for participation in the marathon, and is not an admission fee allowing the runner to use the City-owned public roadways over which the marathon is run.

Case: Brookner v. New York Roadrunners Club, NY Slip Op 04638 (2d Dept. 2008)

Click here for the uncorrected opinion.