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DILLON v. MOTORCYCLE SAFETY SCHOOL, INC.

59 A.D.3d 280 (2009)

872 N.Y.S.2d 669

KIRK DILLON, Respondent, v. MOTORCYCLE SAFETY SCHOOL, INC., et al., Appellants.

Appellate Division of the Supreme Court of the State of New York, First Department.

Decided February 19, 2009.

Although New York law generally enforces contractual provisions absolving a party from its own negligence, public policy prohibits contractual avoidance of liability for damages occasioned by grossly negligent conduct (Sommer v Federal Signal Corp., 79 N.Y.2d 540, 554 [1992]; Federal Ins. Co. v Honeywell, Inc., 243 A.D.2d 605 [1997]). The court correctly determined that there were issues...

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