By Lindsay Kaplow, of Havkins, Rosenfeld, Ritzert & Varriale
Defendants’ Middle Country Center School District, Long Island Flag Football League, Inc., and Long Island Flag Football, Inc.’s pre-answer motion to dismiss was recently granted by Justice Peter H. Mayer of the Supreme Court, Suffolk County based upon the Release executed by the plaintiff.
The plaintiff, Murat Marc, was allegedly injured during a flag football game, when he jumped to catch a pass and landed on a sprinkler head, which he claimed to be concealed. The game was being played on a field located on the grounds of Newfield High School, owned by Middle Country School District. Prior to playing in the football game, plaintiff executed a Waiver and Release of Liability, releasing the League as well as the owner of the field from liability for personal injuries arising out of his participation in the League.
In support of the motion, defendants argued that that by signing the Release, the plaintiff effectively released the defendants from liability for any injuries plaintiff sustained during the game.
When a participant pays a fee to use recreational facilities, or pays fees to the league, which are used to pay for the use of those facilities, a waiver and release of liability executed by the participant is void pursuant to GOL § 5-326. In order to void a release pursuant to GOL § 5-326, there must be an evidentiary showing that the individual paid a fee for use of the facility.
At the outset, Justice Mayer found that defendants had established a prima facie entitlement to dismissal of the plaintiff’s complaint by producing the subject Release. The documentary evidence further established that plaintiff did not pay a fee to use the field where he was allegedly injured, and that no portion of the League fees were used to pay for use of the subject field. As such, Justice Mayer determined that the Release signed by the plaintiff is not void as against public policy pursuant to GOL § 5-326, and all claims against the defendants were dismissed.
Representing Attorneys: Carla Varriale, Lindsay Kaplow, and Michelle Bochner represented Middle Country Central School District, and Long Island Flag Football, Inc.
Murat Marc v. Middle Country Center School District, Long Island Flag Football League, Inc., et. al.
Supreme Court, Suffolk County
Index No.: 3015/16
