Cornell v. City of Albany

Mikoll, J. P.

Appeal from an order of the Supreme Court (Kahn, J.), entered February 4, 1993 in Albany County, which granted defendant’s motion for summary judgment dismissing the complaint.

*757Plaintiff was injured while tobogganing down a hill on a golf course maintained by defendant. The area was posted with a notice indicating that use was at the user’s risk. It was known to defendant that the course was used for cross-country skiing and tobogganing. Plaintiff was injured when her toboggan became airborne after passing over a rise below which was a 2- to 3-foot excavation into the hill, made…