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BOUCHARD v. SMILEY BROTHERS, INC.

258 A.D.2d 548 (1999)

685 N.Y.S.2d 289

DOLORES BOUCHARD, as Administrator of the Estate of KAREN M. BOUCHARD, Deceased, Respondent, v. SMILEY BROTHERS, INC., Appellant, et al., Defendant.

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

Decided February 16, 1999.

Ordered that the order is reversed, on the law, with costs, the motion is granted, and the complaint is dismissed insofar as asserted against the defendant Smiley Brothers, Inc.

The plaintiff's decedent lost her footing while hiking on an advanced mountain trail at the Mohonk Mountain Preserve in New Paltz (hereinafter the MMP) and fell off a rock cliff which bordered the trail. The trail on which the decedent was hiking was described in trail maps and on an outdoor...

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