BUFANO v. NATIONAL INLINE ROLLER HOCKEY ASSOCIATION (2000)

In an action to recover damages for personal injuries, etc., the plaintiffs appeal from an order of the Supreme Court, Westchester County (Scancarelli, J.), entered June 2, 1999, which granted the defendants' motion for summary judgment dismissing the complaint.

ORDERED that the order is affirmed, with costs.

 The injured plaintiff, Jack Bufano, was a member of an inline roller hockey league.   To become a member of the league Bufano paid $25 annual dues and signed a registration form, which contained a release of liability.   Bufano was injured in a fight with another player during a game.   Contrary to the plaintiffs' contention, General Obligation Law § 5-326 does not void the release Bufano signed, since the $25 he paid was not paid to the owner or operator of a recreational facility (see, Stuhlweissenburg v. Town of Orangetown, 223 A.D.2d 633, 636 N.Y.S.2d 853).   In addition, the liability release he signed expressed in clear and unequivocal language the intent to relieve the defendants of all liability for personal injuries to Bufano caused by the defendants' negligence.   Thus, the release is enforceable (see, Lago v. Krollage, 78 N.Y.2d 95, 99-100, 571 N.Y.S.2d 689, 575 N.E.2d 107;   Castellanos v. Nassau/Suffolk Dek Hockey, 232 A.D.2d 354, 648 N.Y.S.2d 143).   Moreover, by voluntarily participating in the game, Bufano assumed the risk of the injuries he sustained (see, Morgan v. State of New York, 90 N.Y.2d 471, 662 N.Y.S.2d 421, 685 N.E.2d 202;  Castellanos v. Nassau/Suffolk Dek Hockey, supra).

MEMORANDUM BY THE COURT.