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Decided on April 6, 2011
Supreme Court, Saratoga County

45-1-2004-0714
FREDERICK RENCH, ESQ., PLLC Attorney for Plaintiff 646 Plank Road, Suite 204 Clifton Park, New York 12065 LAW OFFICE OF THERESA J. PULEO Attorneys for Defendant 900 Watervliet-Shaker Road, Suite 210
Albany, New York 12212-2699
Thomas D. Nolan, J.
In the early evening of December 18, 1999, the plaintiff, then 13 years old, was operating a motorized four wheel all-terrain vehicle (ATV) in a public park owned by defendant. Plaintiff drove the ATV into an open drainage ditch and fractured his right leg when the ATV overturned. In this action, plaintiff contends that defendant negligently maintained the park in that the ditch was "unlit, unmarked and unguarded". Following discovery, defendant moves for summary judgment dismissing plaintiff's complaint on a General Obligations Law

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