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WILLIS v. YMCA OF AMSTERDAM

28 N.Y.2d 375 (1971)

Deborah Willis, an Infant, by George E. Willis, Her Parent, et al., Appellants, v. Young Men's Christian Association of Amsterdam et al., Respondents.

Court of Appeals of the State of New York.

Decided May 13, 1971.

Attorney(s) appearing for the Case

Floyd J. Reinhart for appellants.

Lewis M. Mullarkey for Young Men's Christian Association of Amsterdam, respondent.

Richard C. Bendall for Peggy Day, respondent.

Chief Judge FULD and Judges BURKE and GIBSON concur with Judge BERGAN; Judge BREITEL dissents and votes to affirm in a separate opinion in which Judges SCILEPPI and JASEN concur.

BERGAN, J.

The Amsterdam YMCA on April 13, 1967 conducted an "indoor sleep-in" to which it invited young people to participate for a small fee. The participants took part in swimming, dancing and other activities; and slept in sleeping bags on the floor. The youth secretary and counselors told participants at what time to go to bed.

Plaintiff Deborah Willis, then 13 years old, was a participant. She lay...

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