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BUSH v. VAL. SNOW TRAVELERS

7 Misc.3d 285 (2004)

790 N.Y.S.2d 350

SUSAN BUSH, Individually and as Administratrix of the Estate of WILLIAM C. BUSH, Deceased, and as Parent and Natural Guardian of ABIGAIL P. BUSH and Another, Plaintiff, v. VALLEY SNOW TRAVELERS OF LEWIS COUNTY, INC., et al., Defendants.

Supreme Court, Lewis County.

December 6, 2004.

Attorney(s) appearing for the Case

Bond, Schoeneck & King (Jonathan Fellows of counsel), for Valley Snow Travelers of Lewis County, Inc., defendant.

Conboy, McKay, Bachman & Kendall (Stephen Gebo of counsel), for Rickey P. Gruber, defendant.

Cherundolo, Bottar & Leone, P.C. (Jerrold P. O'Brien of counsel), for plaintiff.

OPINION OF THE COURT

JOSEPH D. McGUIRE, J.

The court is called upon to determine if a private group that designed, maintained, and groomed a snowmobile trail is entitled to the conditional immunity of the recreational use statute for an injury arising out of a collision between snowmobiles that happened on the trail.

Plaintiff commenced this action to recover damages for fatal personal injuries suffered by decedent William C. Bush in the snowmobile...

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