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BERNSTEIN v. WYSOKI

2008-06606, 2008-09740.

77 A.D.3d 241 (2010)

907 N.Y.S.2d 49

JORDAN BERNSTEIN, an Infant, by His Mother and Natural Guardian, MALKA BERNSTEIN, et al., Respondents, v. RANDEE WYSOKI et al., Appellants, et al., Defendants.

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

Decided August 24, 2010.

Attorney(s) appearing for the Case

Martin Clearwater & Bell, LLP, New York City ( William P. Brady , Timothy M. Smith and Stewart G. Milch of counsel), for appellants.

Napoli Bern Ripka, LLP, New York City ( Denise A. Rubin of counsel), for respondents.

RIVERA, J.P., MILLER and ROMAN, JJ., concur.

OPINION OF THE COURT

DICKERSON, J.

Factual Background and the Camp Contract

On or about June 25, 2007 the plaintiff Malka Bernstein (hereinafter Malka) entered into a contract (hereinafter the Camp Contract) with the defendant Camp Island Lake (hereinafter the Camp) for her then 13-year-old son, the plaintiff Jordan Bernstein (hereinafter Jordan), to attend the Camp during summer 2007. The Camp is located in Starrucca, Wayne County, Pennsylvania...

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