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SENA v. TOWN OF GREENFIELD

91 N.Y.2d 611 (1998)

696 N.E.2d 996

673 N.Y.S.2d 984

Patrick Sena et al., Appellants, v. Town of Greenfield, Respondent, et al., Defendants.

Court of Appeals of the State of New York.

Decided June 9, 1998.

Attorney(s) appearing for the Case

Pentkowski, Pastore and Freestone, Clifton Park (David H. Pentkowski of counsel), for appellants.

Ford Marrin Esposito Witmeyer & Gleser, L. L. P., New York City (Charles A. Booth and Joseph N. Froehlich of counsel), and Buchyn & Buchyn, Schenectady, for respondent.

Chief Judge KAYE and Judges TITONE, BELLACOSA, SMITH, LEVINE and WESLEY concur.

CIPARICK, J.

Plaintiff Patrick Sena was injured while sledding with his son on property owned by defendant Town of Greenfield. We must decide whether defendant Town may avoid liability for plaintiff's injuries by invoking the statutory immunity afforded by General Obligations Law § 9-103. Because we conclude that the hill where the accident occurred was part of a supervised public park not within the ambit...

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