December 13, 2020

An unenforceable release.

This action for damages resulting from a fall on the premises of an outdoor music festival is not barred by the release allegedly obtained by defendants in connection with the online ticket purchase. The release is void and unenforceable, pursuant to General Obligations Law § 5-326. The grounds on which the music festival was held were a place of amusement or recreation or a similar establishment, and plaintiff paid a fee to the owners and operators of the event to participate in the festival.

Nicaj v. Bethel Woods Ctr. for the Arts, Inc., NY Slip Op 07318 (1st Dep't December 8, 2020)

Here is the decision.