ARSENAULT v. STATE OF NY

513130.

96 A.D.3d 97 (2012)

946 N.Y.S.2d 276

2012 NY Slip Op 4442

PAUL M. ARSENAULT, as Administrator of the Estate of DEBORAH A. ROWEN, Deceased, et al., Respondents, v. STATE OF NEW YORK, Appellant.

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

June 7, 2012.


Attorney(s) appearing for the Case

Eric T. Schneiderman , Attorney General, Albany ( Julie M. Sheridan of counsel), for appellant.

Michaels & Smolak, P.C., Auburn ( Lee Stephen Michaels of counsel), for respondents.

ROSE, J.P., MALONE JR., STEIN and GARRY, JJ., concur.


OPINION OF THE COURT

EGAN JR., J.

Where, as here, a visitor to a state park passes by and fails to observe posted warning signs — expressly alerting him or her to the very danger ultimately encountered — ventures into a prohibited location and sustains injuries as a result thereof, and the state has otherwise maintained the park in a reasonably safe condition, such visitor must bear responsibility...

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