BRUST v. TOWN OF CAROGA


287 A.D.2d 923 (2001)

731 N.Y.S.2d 542

MARGUERITE R. BRUST, Respondent-Appellant, v. TOWN OF CAROGA, Appellant-Respondent, and STEPHEN JENNINGS, Respondent.

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

Decided October 25, 2001.


Peters, J.

In 1996, plaintiff, an experienced golfer, played golf at the Nick Stoner Municipal Golf Course owned by defendant Town of Caroga in Fulton County. As plaintiff had done on numerous other courses, she rented a golf cart, this time from defendant Stephen Jennings, who was employed by the Town as, inter alia, its golf professional at the course.

After teeing off at the second hole, plaintiff drove her cart on the path and stopped perpendicular...

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