Mellerski v. Great Lakes Auto Racing Promotions, Inc.

Order unanimously affirmed, with costs, on the memorandum decision at Special Term, Kuszynski, J. Memorandum: In affirming we note that this court’s decision in Rotary v Spencer Speedway (47 AD2d 127) relied upon by appellants is distinguishable upon its facts. (Appeal from order of Erie Supreme Court—summary judgment.) Present— Cardamone, J. P., Simons, Hancock, Jr., Doerr and Moule, JJ.