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MARTIN v. STATE OF NEW YORK

64 A.D.3d 62 (2009)

878 N.Y.S.2d 823

WILLIAM C. MARTIN et al., Individually and as Parents of BRIAN W. MARTIN, an Infant, Appellants, v. STATE OF NEW YORK et al., Respondents. (Claim No. 111558.)

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

Decided May 14, 2009.

Attorney(s) appearing for the Case

Girvin & Ferlazzo, P.C., Albany (Salvatore D. Ferlazzo of counsel), for appellants.

Andrew M. Cuomo, Attorney General, Albany (Frank K. Walsh of counsel), for respondents.

SPAIN, KAVANAGH, STEIN and McCARTHY, JJ., concur.

OPINION OF THE COURT

MERCURE, J.P.

In February 2005, Brian Martin, a 17-year-old self-described expert skier with 13 years of experience, lost his balance and fell on his second attempt to slide across a rail in the Lower Valley Terrain Park at Whiteface Mountain, which is operated by defendant New York State Olympic Regional Development Authority.* As a result of the fall, Martin struck a vertical support post and sustained...

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