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GIFFONE v. BERLERRO GROUP, LLC

2016-11449. Index No. 610711/15.

163 A.D.3d 780 (2018)

79 N.Y.S.3d 689

2018 NY Slip Op 05287

Joseph Giffone, an Infant, by His Mother and Natural Guardian, Janice Giffone, et al., Respondents, v. Berlerro Group, LLC, Doing Business as Sky Zone Indoor Trampoline Park, et al., Appellants.

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

Decided July 18, 2018.

Ordered that the order is affirmed, with costs.

On February 2, 2014, the father of the plaintiff Joseph Giffone (hereinafter the infant plaintiff) allegedly executed an agreement on behalf of the infant plaintiff as a precondition for the infant plaintiff to participate in activities at the defendants' indoor trampoline park. The agreement, inter alia, purported to release the defendants from liability and included a provision that stated, in relevant part, "[i]f...

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