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PERROTT v. CITY OF TROY

261 A.D.2d 29 (1999)

699 N.Y.S.2d 783

KATHLEEN F. PERROTT, Individually and as Administrator of the Estate of MATTHEW J. PERROTT, Deceased, and as Parent and Natural Guardian of RYAN J. PERROTT and Another, Infants, Appellant, v. CITY OF TROY, Respondent.

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

December 16, 1999.

Attorney(s) appearing for the Case

Robert D. Wilcox, Troy, for appellant.

Mark Mainello, Corporation Counsel of City of Troy, for respondent.

CARDONA, P. J., PETERS, CARPINELLO and GRAFFEO, JJ., concur.

OPINION OF THE COURT

SPAIN, J.

On the evening of February 6, 1995, Matthew J. Perrott (hereinafter decedent) took his family snow sledding at Frear Park, a public park in the City of Troy, Rensselaer County, which is owned by defendant and which includes an 18-hole golf course, tennis courts, ballfields and playgrounds, all of which were closed for the winter. Defendant operated an indoor ice skating rink in the park near the golf course and owned a restaurant...

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