Blair v. Newstead Snowseekers, Inc.

OPINION OF THE COURT

Joseph D. Mintz, J.

Defendant moves for summary judgment and to amend its answer based upon a defense predicated upon General Obligations Law § 9-103 in this action for wrongful death and personal injuries sustained by three snowmobile drivers on January 10, 1997 on a bicycle path owned by the Village of Akron, upon which Niagara Mohawk Power Corporation has an easement. Both the Village and the easement holder previously moved for summary judgment upon the same grounds. The action was dismissed against the Village by the Appellate Division in Blair v Newstead Snowseekers,…