BERNSTEIN v. SEACLIFF BEACH CLUB


35 Misc.2d 153 (1962)

Harvey J. Bernstein, Plaintiff, v. Seacliff Beach Club, Inc., et al., Defendants.

District Court of the County of Nassau, Second District.

May 15, 1962


Attorney(s) appearing for the Case

Harry Spar for plaintiff. Jankell & Angel for defendants.


BERNARD TOMSON, J.

In this action to recover damages for personal injuries incurred while the plaintiff was availing himself of the benefits of the defendants' beach club, the defendants seek to avoid liability by reason of an exculpatory clause contained in an "Application for Membership" signed by a Mr. Butterman, whose family and that of the plaintiff shared a "cabana". Although neither the plaintiff nor any member of his family signed the application...

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