 |
 |
to fill out a simple form to connect to Personal Injury Lawyers in your area.
|
|
|
|
|
Perrott v. City of Troy (N.Y.App.Div. 12/16/1999)
| [1] |
Supreme Court12/16/1999
o actively discourage or prohibit the general public from engaging in unsupervised, statutorily enumerated recreational activities such as sledding during the winter months, in direct contravention of the legislative purpose underlying General Obligations Law §9-103 (see, Ferres v City of New Rochelle, 68 NY2d 446, supra; see also, Sena v Town of Greenfield, 91 NY2d 661, 615, supra). In our view, conferring immunity herein pursuant to this statute is consistent with the Legislature's purpose of providing the public with more places to enjoy snow sledding, an enumerated recreational activity (see, id.; see also, McCarthy v New York State Canal Corp., 244 AD2d 57, 59, supra).
Accordingly, Supreme Court properly determined that where defendant did not maintain or supervise the specific portion of the park in question during the winter months for the recreational activity of sledding, General Obligations Law §9-103 conferred immunity from liability upon defendant under the facts in this case.
We have considered plaintiff's remaining contentions and find them to be without merit.
Cardona, P.J., Peters, Carpinello and Graffeo, JJ., concur.
ORDERED that the order is affirmed, without costs.
Page 1 2 3 New York Personal Injury Attorneys
Personal Injury Lawyers
|
| |
to fill out a simple form to connect to Personal Injury Lawyers in your area.
|
|
By using the system, you agree to TERMS OF SERVICE
|