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ALBRIGHT v. METZ

88 N.Y.2d 656 (1996)

672 N.E.2d 584

649 N.Y.S.2d 359

Theresa Albright, Individually and as Parent and Guardian of Donald Albright, an Infant, Appellant, v. Harlen W. Metz, Jr., et al., Respondents, et al., Defendant.

Court of Appeals of the State of New York.

Decided October 17, 1996.

Attorney(s) appearing for the Case

LaFave & Associates, Delmar (Patrick J. Higgins of counsel), for appellant.

James E. Conway, Albany, and Robert A. Murphy, Jr., for Harlen W. Metz, Jr., respondent.

Donohue, Sabo, Varley & Armstrong, P. C., Albany (Christine D. Hanlon of counsel), for H.W. Metz General Contracting, Inc., respondent.

Chief Judge KAYE and Judges SIMONS, TITONE, BELLACOSA, LEVINE and CIPARICK concur.

SMITH, J.

Plaintiff was injured when he fell some 35 feet while riding his motorbike. The central issue in this case is the suitability of the property for motorbiking. If the property was suitable, defendants would be immune from liability for ordinary negligence as provided by General Obligations Law § 9-103. We conclude that the land was suitable for motorbiking...

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