| N.Y. App. Div. | Dec 15, 1932
Plaintiff received from defendant a hair treatment known as a “ permanent wave.” In consideration of a reduced rate charged for the work plaintiff signed a document reading as follows: “ In consideration of the reduced rates given to me by the Star Permanent Wave Corporation of the City of Syracuse, I hereby release and agree to save harmless the Star Permanent Wave Corporation from any and all liability which might arise as a result of any injuries received for any reason while receiving a permanent wave.” The signing was voluntary, no fraud having been practiced by defendant in connection with the transaction. Plaintiff has recovered a judgment for $351 for burns received. The judgment should be reversed and the complaint dismissed, with costs in all courts, the document quoted being a complete bar to any cause of action in favor of plaintiff. (Anderson v. Erie R. R. Co., 223 N.Y. 277" date_filed="1918-04-23" court="NY" case_name="Anderson v. . Erie R.R. Co.">223 N. Y. 277.) Under the circumstances presented the fact that plaintiff did not read the document is immaterial. (Metzger v. Ætna Ins. Co., 227 N.Y. 411" date_filed="1920-01-06" court="NY" case_name="Metzger v. . &198tna Ins. Co.">227 N. Y. 411, 415, 416.) All concur. Judgment reversed on the law and complaint dismissed, with costs in all courts.