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ABERGER v. CAMP LOYALTOWN

Index No. 155230/16. Appeal No. 12184. Case No. 2019-04039.

193 A.D.3d 195 (2021)

142 N.Y.S.3d 528

2021 NY Slip Op 01188

ANNA ROSE ABERGER, as the Guardian of the Person and Property of ROBERT ABERGER, Appellants, v. CAMP LOYALTOWN, INC., et al., Respondents.

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

Decided February 25, 2021.

Attorney(s) appearing for the Case

Sussman & Frankel, LLP, New York City ( Mitchell D. Frankel of counsel), for appellants.

Hardin, Kundla, McKeon & Poletto, P.A., New York City ( Eric J. Koplowitz of counsel), for respondents.

GONZÁLEZ and SHULMAN, JJ., concur with KAPNICK, J.P.; WEBBER, J., dissents in part in an opinion.

OPINION OF THE COURT

In the summer of 2015, Robert Aberger was an adult camper at Camp Loyaltown, a sleepaway camp for developmentally disabled individuals, located in upstate New York. On the night of July 21, 2015, at approximately 9:15 p.m., Robert was walking along a path behind the dining hall when he misstepped, slipped...

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