Tag Archives: GOL 5-326

NY Motocross Waiver Fails to Protect Because of GOL 5-326

December 16, 2014

By Doyice Cotten

Pablo Torres, an experienced motocross rider, signed a waiver, paid a fee to enter a race, participated in a motocross race, fell when his cycle was bumped from behind, and suffered an injury when he struck a hard object not far from the track.

Some Waivers Are Enforceable in New York State!

September 10, 2014

By Doyice Cotten

The dominant statute in New York waiver law is G.O.L. Sec. 5-326. The statute deems waivers void as against public policy under specific circumstances. The General Obligations Law provides:

[e]very covenant,

NY GOL 5-326 and Apartment Building Gyms

October 25, 2011

Doyice Cotten and Mary Cotten

In Roer v. 150 West End Avenue Owners Corp. (2010 N.Y. Misc. LEXIS 6353), Jason Roer brought action seeking damages for personal injuries sustained in the basement gym of the apartment building where he and his wife reside.