Sena v. Town of Greenfield

Mikoll, J. P. (dissenting).

We respectfully dissent.

The jury’s verdict should be affirmed. The protection of General Obligations Law § 9-103 (1) (b) was properly foreclosed to Town of Greenfield (hereinafter defendant). The evidence disclosed that defendant had a Town park located on Bockes Road. There was a sign posted there designating the area as a Town park. It included a pavilion and a baseball field. Defendant had declared the area to be a Town park by Town Board resolution. Although defendant had not fully implemented its master plan for the park, it had obviously incorporated the…