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SEGA v. STATE OF NEW YORK

60 N.Y.2d 183 (1983)

Marjorie R. Sega, Appellant, v. State of New York, Respondent. Richard Cutway et al., Respondents, v. State of New York, Appellant.

Court of Appeals of the State of New York.

Decided October 25, 1983.

Attorney(s) appearing for the Case

Andrew L. Spitz for appellant in the first above-entitled case.

Robert Abrams, Attorney-General (Michael S. Buskus and Peter H. Schiff of counsel), for respondent in the first above-entitled case.

Robert Abrams, Attorney-General (Michael S. Buskus and Peter H. Schiff of counsel), for appellant in the second above-entitled case.

Peter N. Wells for respondents in the second above-entitled case.

Judges JASEN, JONES, WACHTLER, MEYER, SIMONS and KAYE concur.

Chief Judge COOKE.

The Legislature has provided that landowners who gratuitously allow persons to use their property for certain enumerated recreational activities such as hiking, fishing, hunting, and off-road vehicle travel are not liable for injuries unless caused by willful or malicious acts or omissions of the owner. There being nothing to the contrary in the law, this protection is available to the State...

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