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Bloom v. Brady

Appellate Division of the Supreme Court of New York, Third Department
Mar 7, 1991
171 A.D.2d 910 (N.Y. App. Div. 1991)

Opinion

March 7, 1991

Appeal from the Supreme Court, Rensselaer County (Travers, J.).


We find no error in Supreme Court's award of summary judgment dismissing the complaint against defendant Niagara Mohawk Power Corporation (hereinafter NiMo) based on General Obligations Law § 9-103. On this appeal, plaintiffs contend that because NiMo posted the entranceway to the road upon which plaintiff Tracy J. Bloom was injured with a "No Trespassing" sign, the grant of immunity to property owners provided by the statute did not apply. However, the statute is not limited to only those situations where a landowner grants permission to others to use his land. As this court has noted "[t]o the contrary, the ordinary meaning of the statutory language establishes clearly that it applies with equal force to a landowner who has not given such permission" and that protection under the statute is not to be denied "because [a] defendant caused signs to be posted prohibiting [recreational] use" (Hoffman v Joseph R. Wunderlich, Inc., 147 A.D.2d 807, 809, lv denied 74 N.Y.2d 612; see, Hardy v Gullo, 118 A.D.2d 541, 542, lv denied 69 N.Y.2d 601). Thus, the fact that NiMo posted its property and never gave its permission for use did not deprive it of the grant of immunity provided by General Obligations Law § 9-103.

Order and judgment affirmed, with costs. Mahoney, P.J., Weiss, Mikoll, Yesawich, Jr., and Crew III, JJ., concur.


Summaries of

Bloom v. Brady

Appellate Division of the Supreme Court of New York, Third Department
Mar 7, 1991
171 A.D.2d 910 (N.Y. App. Div. 1991)
Case details for

Bloom v. Brady

Case Details

Full title:TRACY J. BLOOM, an Infant, by DONNA L. LINS, His Mother, et al.…

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

Date published: Mar 7, 1991

Citations

171 A.D.2d 910 (N.Y. App. Div. 1991)
566 N.Y.S.2d 783