Legal Opinion · Dissent
O'Keefe v. State
Appellate Division of the Supreme Court of the State of New York
Decided November 7, 1984No. Appeal No. 1; Appeal No. 2; Appeal No. 3Published
1Dissent
Moule, J. (dissenting).
The primary question on this appeal concerns the scope and application of section 9-103 of the General Obligations Law which provides that landowners who gratuitously allow persons to use their property for certain enumerated recreational activities such as fishing, hunting and off-road *50vehicle travel are not liable for injuries unless caused by willful or malicious acts or omissions of the owner.
The State owns and operates Beaver Island State Park located on Grand Island in the Niagara River. A marina is operated within the park, exclusively for boating, between…
2Cases cited5 opinions
- Sega v. State of New YorkNew York Court of Appeals · 1983
- Claim of Petterson v. Daystrom Corp.New York Court of Appeals · 1966
- Michalovic v. Genesee-Monroe Racing Ass'nAppellate Division of the Supreme Court of the State of New York · 1981
- Sega v. StateAppellate Division of the Supreme Court of the State of New York · 1982
- Cutway v. StateAppellate Division of the Supreme Court of the State of New York · 1982