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Alberti v. State

Appellate Division of the Supreme Court of New York, Second Department
Apr 1, 1991
172 A.D.2d 471 (N.Y. App. Div. 1991)

Opinion

April 1, 1991

Appeal from the Court of Claims (Rossetti, J.).


Ordered that the judgment is affirmed, with costs.

The infant claimant, a 10 1/2-year-old boy, was injured when he struck a wooden pole while sledding down a hill at a public park owned and maintained by the State of New York. A landowner has a general duty to those using his or her property to maintain it in reasonably safe condition to prevent the occurrence of foreseeable injuries (see, Basso v. Miller, 40 N.Y.2d 233; see also, Turcotte v. Fell, 68 N.Y.2d 432; Diven v. Village of Hastings-on-Hudson, 156 A.D.2d 538). We agree with the Court of Claims' conclusion that the infant claimant's injuries were foreseeable and that the State of New York failed to maintain its property in a reasonably safe condition. The placement of wooden poles directly adjacent to the sledding area maintained by the State distinguishes this case from Nagawiecki v. State of New York ( 150 A.D.2d 147), which involved an expert skier who collided with a pole outside the area of normal skiable terrain. Bracken, J.P., Kunzeman, Kooper and Harwood, JJ., concur.


Summaries of

Alberti v. State

Appellate Division of the Supreme Court of New York, Second Department
Apr 1, 1991
172 A.D.2d 471 (N.Y. App. Div. 1991)
Case details for

Alberti v. State

Case Details

Full title:RUSSELL ALBERTI, an Infant, by His Father and Natural Guardian, ROSARIO…

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

Date published: Apr 1, 1991

Citations

172 A.D.2d 471 (N.Y. App. Div. 1991)
567 N.Y.S.2d 826

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