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CUTWAY v. S.T.A.R. PROGRAMS, INC.

508862, 508887.

75 A.D.3d 811 (2010)

904 N.Y.S.2d 806

RAYMOND CUTWAY, Individually and as Parent and Guardian of KYLE G. CUTWAY, an Infant, Respondent, v. S.T.A.R. PROGRAMS, INC., et al., Appellants. (Action No. 1.) JOSEPH SECORE, Individually and as Parent and Guardian of TREVOR SECORE, an Infant, Respondent, v. S.T.A.R. PROGRAMS, INC., et al, Appellants, et al., Defendant. (Action No. 2.)

Appellate Division of the Supreme Court of New York, Third Department.

Decided July 8, 2010.

Lahtinen, J.

Plaintiffs commenced these actions, individually and on behalf of their children, against defendant S.T.A.R. Programs, Inc. and some of its employees contending that their children sustained injuries while participants in defendants' boot camp for troubled youths. Defendants moved pursuant to CPLR 7503 (a) to stay each of the actions and compel arbitration based upon agreements that plaintiffs had executed—prior to their children's participation...

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