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BLOUNT v. TOWN OF W. TURIN

195 Misc.2d 892 (2003)

759 N.Y.S.2d 851

WAYNE L. BLOUNT et al., Plaintiffs, v. TOWN OF WEST TURIN et al., Defendants.

Supreme Court, Lewis County.

April 21, 2003.

Attorney(s) appearing for the Case

Jonathan B. Fellowes for Club Timberview, Inc., defendant.

Kevin R. VanDuser for Town of West Turin, defendant.

James A. Burke for plaintiffs.

OPINION OF THE COURT

JOSEPH D. McGUIRE, J.

The court is called upon to determine if a municipality is entitled to the conditional immunity of the recreation use statute for an injury arising out of a snowmobile accident that happened on a groomed trail and town highway, a part of which was opened only for seasonal use. Responsibility of the private group that groomed the trail must also be decided on this unique set of undisputed facts.

Plaintiffs...

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