McKown v. Town of Waterford

Appeal from an order of the Supreme Court (Nolan Jr., J.), entered April 12, 2011 in Saratoga County, which granted defendant’s motion for summary judgment dismissing the complaint.

Plaintiff was operating an all-terrain vehicle (hereinafter ATV) in a public park owned and maintained by defendant. The park consists of a pond, a grassy area surrounding the pond and public parking lots. Plaintiff drove his ATV into an open drainage ditch in the park, causing the ATV to overturn. He commenced this action alleging that defendant negligently maintained the park by failing to guard the ditch, mark…