Myers v. Brown — 176 A.D.2d 1224

Majority

p. 1224

James Myers, Appellant, v Clifford Brown, Defendant, and Rescue Mission Alliance, Inc., Respondent.

— Order unanimously affirmed without costs. Memorandum: Supreme Court properly granted defendant’s motion to dismiss plaintiff’s complaint against defendant Rescue Mission Alliance, Inc. Plaintiff voluntarily and knowingly signed a release holding the Mission free and harmless from any and all liability for personal injury. The release was clear and not contrary to public policy (see, Gross v Sweet, 49 NY2d 102 ; Ciofalo v Tanney Gyms, 10 NY2d 294 ). (Appeal from Order of Supreme Court, Onondaga County, Mordue, J. — Summary Judgment.) Present — Callahan, A. P. J., Denman, Green, Balio and Davis, JJ.

Cases cited

Gross v. Sweet 49 NY2d 102 N.Y. 1979-11-29 p. 1224
Ciofalo v. Vic Tanney Gyms, Inc. 10 NY2d 294 N.Y. 1961-10-19 p. 1224