Legal Opinion

Morales v. Coram Materials Corp.

Appellate Division of the Supreme Court of the State of New York

Decided March 11, 2008PublishedCited by 15 opinions

1Opinion of the Court

OPINION OF THE COURT

Dillon, J.

In a case involving a plaintiff who was seriously injured while engaging in a recreational activity on the property of another, we consider on this appeal the nature of proof that a landowner must tender, on a motion for summary judgment, when seeking immunity from liability pursuant to General Obligations Law § 9-103, the recreational use statute.

I. Facts

On June 14, 2003, at approximately 7:15 p.m., the plaintiff, Aaron W. Morales, was rendered paraplegic from an accident while riding a four-wheel Yamaha Banshee all-terrain vehicle (hereinafter ATV) in a sand…

2Cases cited36 opinions

  1. Zuckerman v. City of New YorkNew York Court of Appeals · 1980
  2. Alvarez v. Prospect HospitalNew York Court of Appeals · 1986
  3. Winegrad v. New York University Medical CenterNew York Court of Appeals · 1985
  4. Basso v. MillerNew York Court of Appeals · 1976
  5. Friends of Animals, Inc. v. Associated Fur Manufacturers, Inc.New York Court of Appeals · 1979

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3Cited by15 opinions

  1. Fredette v. Town of SouthamptonAppellate Division of the Supreme Court of the State of New York · 2012
  2. Sullivan v. American Airlines, Inc.Appellate Division of the Supreme Court of the State of New York · 2011
  3. Scurry v. New York City Hous. Auth.Appellate Division of the Supreme Court of the State of New York · 2021
  4. Finnocchiaro v. NapolitanoAppellate Division of the Supreme Court of the State of New York · 2008
  5. Coogan v. D'AngeloAppellate Division of the Supreme Court of the State of New York · 2009

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