MORALES v. CORAM MATERIALS CORP.


51 A.D.3d 86 (2008)

853 N.Y.S.2d 611

AARON W. MORALES, Appellant, v. CORAM MATERIALS CORP., Respondent, et al., Defendants.

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

March 11, 2008.


Attorney(s) appearing for the Case

Steven Cohn, P.C., Carle Place (Susan E. Dantzig of counsel), for appellant.

Tromello, McDonnell & Kehoe, Melville (Kevin P. Slattery of counsel), for respondent.

RITTER, J.P., SANTUCCI and MILLER, JJ., concur.


OPINION OF THE COURT

DILLON, J.

In a case involving a plaintiff who was seriously injured while engaging in a recreational activity on the property of another, we consider on this appeal the nature of proof that a landowner must tender, on a motion for summary judgment, when seeking immunity from liability pursuant to General Obligations Law § 9-103, the recreational use statute.

I. Facts

On June 14, 2003, at approximately 7:15 P.M...

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