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IANNOTTI v. CON RAIL

137 A.D.2d 62 (1988)

Joseph A. Iannotti, Respondent, v. Consolidated Rail Corporation, Appellant

Appellate Division of the Supreme Court of the State of New York, Third Department.

May 5, 1988

Attorney(s) appearing for the Case

McNamee, Lochner, Titus & Williams, P. C. (G. Kimball Williams of counsel), for appellant.

Richard A. Insogna for respondent.

YESAWICH, JR., and MERCURE, JJ., concur with CASEY, J. P.; HARVEY, J., dissents and votes to reverse in an opinion.

CASEY, J. P.

At issue on this appeal is whether General Obligations Law § 9-103, which limits a landowner's liability when his premises are used for certain recreational purposes, applies to property which is located within the city limits of the City of Amsterdam, Fulton County, and is neither remote nor undeveloped. Based upon the holding of the Appellate Division, First Department, in Russo v City...

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