Mesick v. State

My first disagreement with the majority’s opinion concerns the breach of duty issue. The State developed, maintained and held its land open solely for use as a public fishing area, and claimant was able to enter the site only because it was so developed, maintained and held open. As found by the Court of Claims, the site was posted with signs expressly designating the area as a fishing area and prohibiting all other uses. Since the permitted use of fishing is one of those uses specified in General Obligations Law § 9-103, the duty of care imposed upon the State is severely limited by the…