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BLANC v. WINDHAM MOUNTAIN

115 Misc.2d 404 (1982)

Paulette C. Blanc et al., Plaintiffs, v. Windham Mountain Club, Inc., Defendant.

Supreme Court, Special Term, New York County.

August 27, 1982

Attorney(s) appearing for the Case

Standard Weissberg Heckerling & Rosow, P. C. (Nancy F. Wang of counsel), for defendant. Lester Schwab Katz & Dwyer (B. Jennifer Jaffee of counsel), for plaintiff.

ISRAEL RUBIN, J.

This is a motion by defendant for an order pursuant to CPLR 3212, granting summary judgment dismissing the complaint. Dismissal is sought upon the ground that article 13 of the by-laws of defendant, alleged to be binding upon plaintiffs, contains a hold harmless clause, whereby, as a condition to membership, "each member" agreed "to hold the Club [Windham Mountain Club, Inc.] harmless from claims of any kind, nature or description (including...

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