Gruber v. Fairport Central School District

*546OPINION OF THE COURT

D. Bruce Crew III, J.

In this action, which arises out of an accident which occurred on the property of Fairport Central School District (hereinafter Fairport), the defendant Fairport moves for summary judgment on the ground that General Obligations Law § 9-103 immunizes it from liability for the injuries sustained by the infant plaintiff while sledding on its property. The plaintiffs cross-move to dismiss the defense on the ground that it is not applicable due to the nature of the activity and the facility involved and that the premises were not physically conducive to the…