Legal Opinion

Blanc v. Windham Mountain Club, Inc.

New York Supreme Court

Decided August 27, 1982PublishedCited by 10 opinions

1Opinion of the Court

OPINION OF THE COURT

Israel Rubin, J.

This is a motion by defendant for an order pursuant to CPLR 3212, granting summary judgment dismissing the complaint. Dismissal is sought upon the ground that article 13 of the by-laws of defendant, alleged to be binding upon plaintiffs, contains a hold harmless clause, whereby, as a condition to membership, “each member” agreed “to hold the Club [Windham. Mountain Club, Inc.] harmless from claims of any kind, nature or description (including claims resulting from the negligence of an officer, employee, governor or member of the Club), arising out of the…

2Cases cited21 opinions

  1. Zuckerman v. City of New YorkNew York Court of Appeals · 1980
  2. Gross v. SweetNew York Court of Appeals · 1979
  3. Curry v. MacKenzieNew York Court of Appeals · 1925
  4. Di Sabato v. SoffesAppellate Division of the Supreme Court of the State of New York · 1959
  5. Thompson-Starrett Co. v. Otis Elevator Co.New York Court of Appeals · 1936

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3Cited by10 opinions

  1. City of Santa Barbara v. Superior CourtCalifornia Supreme Court · 2007
  2. Post v. Belmont Country Club, Inc.Massachusetts Appeals Court · 2004
  3. Bacchiocchi v. Ranch Parachute Club, Ltd.Appellate Division of the Supreme Court of the State of New York · 2000
  4. Brancati v. Bar-U-Farm, Inc.Appellate Division of the Supreme Court of the State of New York · 1992
  5. Rogowicki v. Troser Management, Inc.Appellate Division of the Supreme Court of the State of New York · 1995

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