Matson v. Town of Milton

—Mercure, J.

Appeal from an order of the Supreme Court (Keniry, J.), entered January 5, 1998 in Saratoga County, which, inter alia, denied a motion by defendant Twin Rivers Council, Inc., Boy Scouts of America for summary judgment dismissing the complaint against it.

*920Plaintiff, an adult Boy Scout leader, sustained the injuries forming the basis for this negligence action on May 21, 1995 when he stepped into a hole, slid under a guardrail, fell down an embankment and ultimately came into contact with a tree while directing a nighttime hike along the shoulder of Boy-haven Road, a highway owned…