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WILKINS v. STATE OF NEW YORK

165 A.D.2d 514 (1991)

Mark A. Wilkins, Appellant, v. State of New York, Respondent. (Claim No. 72073.)

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

April 11, 1991

Attorney(s) appearing for the Case

Briggs, Dwyer & Smith, P. C. (John T. Wilkins of counsel), for appellant.

Robert Abrams, Attorney-General (Michael S. Buskus and Peter J. Dooley of counsel), for respondent.

MAHONEY, P. J., LEVINE, MERCURE and HARVEY, JJ., concur.

CASEY, J.

At issue on this appeal is whether the limited liability provision of General Obligations Law § 9-103 is applicable to State-owned lands in the Adirondack Park reserve on which the State maintains an access road, parking lot and nature trails which are open to the public without any fee. We agree with the Court of Claims that General Obligations Law § 9-103 is applicable in the circumstances...

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