THE IMPORTANCE OF NY RECREATIONAL USE STATUTE, FORMALLY KNOWN AS GENERAL OBLIGATIONS LAW § 9-103
James L. Maswick • February 22, 2021
I recently had the opportunity to share with a client an article which I had co-authored with a former colleague that was published in the New York State Bar Association Torts, Insurance and compensation Law Section Journal, Spring 2018 edition. The article reviewed what is commonly known as the “recreational use” statute for New York State, formally known as General Obligations Law § 9-103. This section of law encourages the use of property for recreational purposes and generally exempts the owner from liability for injuries, presuming the owner does not charge a fee for access to their property or do something grossly negligent or intentional to cause an injury to a property user. The whole purpose of the statute is to encourage landowners to allow people to utilize their property for outdoor fun without the threat of a lawsuit over the property owner. This is especially important for those of us in Upstate New York who like to get out and bike, ski, run, hike, snowmobile, hunt, fish and four-wheel, for instance. If you are interested in reading this article, please follow this link and flip to page 8 of the pdf. Happy reading!
Summer is fast approaching and the marinas around Upstate New York will soon flood with eager boaters ready to enjoy the beautiful landscapes our region has to offer. Before you pack your coolers and start towing your boat to the launch, you should be aware of a new law in effect in New York for many boaters that puts additional requirements on those operating a boat that have not been in place before. As signed by former Governor Cuomo in 2019, Brianna’s Law requires all operators of most boats to hold a boating safety certificate after January 1, 2025. This law applies to operators of typical motorboats and pontoon boats, as well as all “mechanically propelled vessels.” The certificate can be obtained through an in-person class or an accredited online course. In person classes can be found on the parks.ny.gov website while a few accredited online courses are boaterexam.com, boatsmartexam.com, and ilearntoboat.com. If you are visiting from another state and have obtained a certificate in accordance with your state’s law, the certificate must be issued from your current state of residence and the course must be approved by the National Association of Boating Law Administrators, indicated by the NASBLA logo on the certificate. If you have just purchased a boat as you gear up for summer fun, there is a 120-day grace period to acquire the certificate. Before you embark on your next water adventure, be sure to obtain your boating safety certificate to avoid running afoul of the law.
In honor of Presidents Day, our offices will be closed on Monday, February 17, 2025 and will re-open on Tuesday, February 18, 2025 at 8:30 am.
Jill E. O’Sullivan, an attorney with Flink Maswick Law PLLC, successfully moved to dismiss a petition brought against our client in Family Court, seeking modification of an order of custody based upon a settlement agreement reached in the client’s divorce action, which had been incorporated into their Judgment of Divorce. Our client, the mother of the children, has primary physical custody. She moved with the children in order to take a new job, which would provide her and the children with more financial stability. The father of the children objected and filed the petition, seeking to modify the parties’ custody agreement, alleging the mother’s relocation was a change of circumstances warranting a modification of custody. O’Sullivan successfully argued that the relocation did not constitute a change in circumstances, since the parties had contemplated such a change in residence by the mother and their settlement agreement explicitly addressed the issue, providing that our client could move up to 120 miles, and the client’s new residence was within that distance. The Court granted the motion to dismiss the petition in its entirety, without a hearing, and awarded our client reasonable attorneys’ fees. If you require assistance with a matter involving child custody, call our office at (518) 523-2441 to speak with a family law attorney.
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Our offices will be closed all day on Christmas Eve, December 24, 2024, and Christmas, December 25, 2024, to celebrate the holiday and to spend time with our family and friends. We hope this season brings you peace, joy, and cherished moments with your loved ones. Our offices will reopen on Thursday, December 26, 2024 at 8:30am. Wishing everyone a wonderful and joyous holiday!
Our offices are closed for the rest of today, Tuesday, December 10, 2024, as we celebrate the holidays as a firm. Our offices will reopen on Wednesday, December 11, 2024 at 8:30am. If you require more immediate assistance than this, please call the office and leave a voicemail, as this will be monitored. Happy Holidays!
