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FARLEY v. TOWN OF RHINEBECK

65 A.D.3d 1279 (2009)

885 N.Y.S.2d 618

TROY FARLEY et al., Appellants, v. TOWN OF RHINEBECK, Defendant, and WINNAKEE LAND TRUST, INC., Doing Business as BURGER HILL PARK, Also Known as SCENIC HUDSON LAND TRUST, INC., Respondent.

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

Decided September 29, 2009.

Ordered that the order is affirmed, with costs.

The Supreme Court correctly held that General Obligations Law § 9-103 provided immunity to the defendant Winnakee Land Trust, Inc., doing business as Burger Hill Park, also known as Scenic Hudson Land Trust, Inc. (hereinafter the defendant), since the injured plaintiff was engaged in one of the enumerated activities "on land [that is] suitable for that activity" (Albright v Metz, 88 N.Y.2d...

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