New York Court of Appeals

Dean Ferres v. City of New Rochelle

November 25, 198668 N.Y.2d 446

Summary

The New York Court of Appeals affirmed the lower courts, holding that General Obligations Law § 9-103 does not shield a municipality from liability for negligence in the operation and maintenance of a supervised public park. The court also held that the city's failure to raise the statute earlier does not constitute a waiver of its defenses.