Legal Opinion
Farnham v. Kittinger
New York Court of Appeals
Decided March 30, 1994PublishedCited by 33 opinions
1Opinion of the Court
OPINION OF THE COURT
Bbllacosa, J.
General Obligations Law § 9-103 cloaks landowners with a special immunity against the usual duty to keep designated open spaces reasonably safe for persons who enter to recreate. The key prerequisite favors owners as against users who enter places to engage in statutorily enumerated recreational activities, including by specified motorized vehicle operation. The complementary goals of the statute are to encourage landowners to leave and allow their open lands to be accessible to recreators, the inducement being the special immunity; and to correspondingly…
2Cases cited16 opinions
- Basso v. MillerNew York Court of Appeals · 1976
- Sega v. State of New YorkNew York Court of Appeals · 1983
- Iannotti v. Consolidated Rail Corp.New York Court of Appeals · 1989
- In re the Accounting of Bankers Trust Co.New York Court of Appeals · 1952
- Fenton v. Consolidated Edison Co. of New York, Inc.Appellate Division of the Supreme Court of the State of New York · 1991
11 more not listed; retrieve them via the Exa API.
3Cited by33 opinions
- Bragg v. Genesee County Agricultural SocietyNew York Court of Appeals · 1994
- Weller v. Colleges of SenecasAppellate Division of the Supreme Court of the State of New York · 1995
- Sena v. Town of GreenfieldNew York Court of Appeals · 1998
- McCleary v. City of Glens FallsAppellate Division of the Supreme Court of the State of New York · 2006
- Morales v. Coram Materials Corp.Appellate Division of the Supreme Court of the State of New York · 2008
28 more not listed; retrieve them via the Exa API.