McKOWN v. TOWN OF WATERFORD

512792.

94 A.D.3d 1182 (2012)

941 N.Y.S.2d 783

2012 NY Slip Op 2539

CHRISTOPHER McKOWN, Appellant, v. TOWN OF WATERFORD, Respondent.

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

Decided April 5, 2012.


McCARTHY, J.

Plaintiff was operating an all-terrain vehicle (hereinafter ATV) in a public park owned and maintained by defendant. The park consists of a pond, a grassy area surrounding the pond and public parking lots. Plaintiff drove his ATV into an open drainage ditch in the park, causing the ATV to overturn. He commenced this action alleging that defendant negligently maintained the park by failing to guard the ditch, mark it or light it, thereby causing his injuries...

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