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ENGLISH v. CITY OF ALBANY

235 A.D.2d 977 (1997)

652 N.Y.S.2d 873

Christopher English, Appellant-Respondent, v. City of Albany, Appellant, and Burton F. Clark, Inc., Respondent, et al., Defendants

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

January 30, 1997

Mikoll, J. P.

Plaintiff was injured on February 3, 1990 while tobogganing on golf course property owned by defendant City of Albany. During a run down a hill, the toboggan collided with a catch basin structure and/or the surrounding depression caused by erosion. The catch basin was built by defendant Burton F. Clark, Inc. (hereinafter Clark) during the prior summer as a part of the renovation of the golf course. Under contract with the City, Clark was...

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