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FINTZI v. NEW JERSEY YMHA-YWHA CAMPS

97 N.Y.2d 669 (2001)

765 N.E.2d 288

739 N.Y.S.2d 85

JONATHAN FINTZI, an Infant, by His Father and Natural Guardian, ARIEL FINTZI, et al., Respondents, v. NEW JERSEY YMHA-YWHA CAMPS, Doing Business as CAMP NAH-JEE-WAH, Appellant.

Court of Appeals of the State of New York.

Decided December 18, 2001.

Attorney(s) appearing for the Case

Faust Goetz Schenker & Blee, L. L. P., New York City (Julie A. Keegan of counsel), for appellant.

Rosenberg, Minc, Falkoff & Wolff, L. L. P., New York City (Gary Silverstein of counsel), for respondents.

Before: Chief Judge KAYE and Judges SMITH, LEVINE, CIPARICK, WESLEY, ROSENBLATT and GRAFFEO concur.

OPINION OF THE COURT

MEMORANDUM.

The order of the Appellate Division should be reversed, with costs, and defendant's motion for summary judgment granted. The certified question should be answered in the negative.

Plaintiff Jonathan Fintzi, age 10, participated in a relay race at a summer camp operated by defendant New Jersey YMHA-YWHA. The race occurred on a grass field marked off by four cones, and the field was wet due to morning humidity and fog...

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