Welsh v. Genesee County Agricultural Society, Inc.

198 A.D.2d 916, 606 N.Y.S.2d 1012, 1993 N.Y. App. Div. LEXIS 11625

• Court: Appellate Division of the Supreme Court of the State of New York
• Decided: November 19, 1993
• Status: Published

Opinion

—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.