MEMORANDUM AND ORDER
SPAIN, J.
Plaintiff James C. Youmans (hereinafter plaintiff) and his wife, derivatively, commenced this negligence action after plaintiff was injured at defendant's snow tube park in Schenectady County. The snow tube area consists of three lanes each separated by a snowbank (or berm); there are spaces or cut-outs in the berms to allow tubers to walk between the lanes to the lift. Plaintiff alleged that he and his young daughter had each...
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