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BLAIR v. NEWSTEAD SNOWSEEKERS

6 Misc.3d 843 (2005)

788 N.Y.S.2d 569

TERRY BLAIR, as Administratrix of the Estate of CHRISTOPHER BLAIR, Deceased, et al., Plaintiffs, v. NEWSTEAD SNOWSEEKERS, INC., Doing Business as NORTHERN ERIE SNO-SEEKERS, Defendant.

Supreme Court, Erie County.

January 2, 2005.

Attorney(s) appearing for the Case

Goldberg Segalla, LLP (Peter L. Powers of counsel), for defendant.

Napier, Fitzgerald & Kirby, LLP (Kenneth R. Kirby of counsel), for Terry Blair, plaintiff.

Hall, Ricketts, Marky & Gurbacki (Robert H. Gurbacki of counsel), for Robert A. Przesiek, plaintiff.

Paul William Beltz, P.C. (Stephen R. Foley of counsel), for Anthony J. Falter, Jr. and another, plaintiffs.

OPINION OF THE COURT

JOSEPH D. MINTZ, J.

Defendant moves for summary judgment and to amend its answer based upon a defense predicated upon General Obligations Law § 9-103 in this action for wrongful death and personal injuries sustained by three snowmobile drivers on January 10, 1997 on a bicycle path owned by the Village of Akron, upon which Niagara Mohawk Power Corporation has an easement. Both the Village and the easement holder previously moved...

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