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FARNHAM v. KITTINGER

83 N.Y.2d 520 (1994)

634 N.E.2d 162

611 N.Y.S.2d 790

Timothy J. Farnham, Appellant, v. Aaron L. Kittinger et al., Defendants, and Norfolk & Western Railway Company et al., Respondents. Stephen A. Cobb, Appellant, v. Aaron L. Kittinger et al., Defendants, and Norfolk & Western Railway Company et al., Respondents.

Court of Appeals of the State of New York.

Decided March 30, 1994.

Attorney(s) appearing for the Case

David M. Civilette, Dunkirk, and Anthony J. Spann, P. C., for appellants.

Saperston & Day, P. C., Buffalo (Katherine B. Roach and Thomas F. Segalla of counsel), for Norfolk & Western Railway Company, respondent.

Bragar & Wexler, P. C., New York City (Raymond A. Bragar of counsel), and Lustig & Brown, P. C., Buffalo (David Paige of counsel), for The Penn Central Corporation and another, respondents.

Chief Judge KAYE and Judges SIMONS, SMITH, LEVINE and CIPARICK concur; Judge TITONE taking no part.

BELLACOSA, 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...

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