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Welsh v. Genesee County Agricultural Society, Inc.

198 A.D.2d 916 Court N.Y. App. Div. Decision date 1993-11-19 English

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p. 916
Patricia Welsh, Respondent, v Genesee County Agricultural Society, Inc., Appellant.
[606 NYS2d 1012]

—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.

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