# Myers v. Brown

> Appellate Division of the Supreme Court of the State of New York · October 4, 1991 · 176 A.D.2d 1224

URL: https://www.frixlaw.com/law-library/cases/5941567

## Case

- **Full name:** James Myers v. Clifford Brown, and Rescue Mission Alliance, Inc.
- **Court:** Appellate Division of the Supreme Court of the State of New York
- **Decided:** October 4, 1991
- **Citations:** 176 A.D.2d 1224; 578 N.Y.S.2d 435; 1991 N.Y. App. Div. LEXIS 13912
- **Precedential status:** Published
- **Opinion:** Opinion of the court
- **Cited by:** 0 later opinions in the Frix Law Library

## Citator (automated)

- No negative treatment found by the automated citator. That is not the same as a confirmation that the case is good law; read the citing cases.
- Full citator and citing cases: https://www.frixlaw.com/law-library/cases/5941567

## Opinion text

— 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.

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Source: Frix Law Library, https://www.frixlaw.com/law-library/cases/5941567. Public record. Not legal advice.