In Brookner v. New York Roadrunners Club, Inc ., Larry Brookner was injured while running the 2004 ING New York City Marathon .
Before the event, Brookner signed a release form wherein he relinquished the right to sue the New York Roadrunners Club for any injuries sustained while participating in the marathon due to the Club 's "ordinary negligence." When he later filed a personal-injury lawsuit, Brookner argued that the release was invalid, because he was required to pay an "entry fee" to run the course -- which was a "City-owned public roadway."
After the Kings County Supreme Court sided with Roadrunners (and the City of New York) and dismissed the case, Brookner appealed.
The Appellate Division, Second Department, concluded the entry fee was merely for Brookner's "participation" in the event, not a charge for use of the public roadways. And, since Brooklyn's streets couldn't be considered a "place of amusement or recreation," the Club couldn't be held liable for negligence.
Let's just say, we agree our City's streets are far from amusing.
To download a copy of the Appellate Division's decision, please use this link: Brookner v. New York Roadrunners Club, Inc .