Blanc v. Windham Mountain Club, Inc.

— Order, Supreme Court, New York County (I. Rubin, J.), entered September 29, 1982 denying defendant’s motion for summary judgment and granting plaintiffs’ cross motion for partial summary judgment striking the third affirmative defense and the counterclaim against plaintiff William Blanc, is unanimously affirmed, with costs. The by-laws of the club clearly distinguish between members and their families. Plaintiff Paulette Blanc, the injured party, is not a member of the club and is thus not bound by the hold harmless by-law. The by-law provides that each member agrees to hold the club…