TUTTLE v. STATE 84565 (2000)

 Defendant appeals from a judgment apportioning 90% liability to defendant for injuries sustained by claimant Eleanor Tuttle when she tripped over a tree stump on a paved pathway while camping in a State park.   We reject the contention of defendant that it owed no duty to claimants. “The State, as a landowner, has a duty to exercise reasonable care in the maintenance and control of its parks to prevent injury to foreseeable users of its facilities” (O'Keeffe v. State of New York, 140 A.D.2d 998, 998-999, 530 N.Y.S.2d 911, appeal dismissed 73 N.Y.2d 756, 536 N.Y.S.2d 59, 532 N.E.2d 1287).  “The path in question had been artificially constructed and the State was under a duty to see that it was constructed and maintained in a reasonably safe condition” (Nichols v. State of New York, 286 App.Div. 281, 283, 142 N.Y.S.2d 684;  see also, Loughran v. City of New York, 298 N.Y. 320, 322, 83 N.E.2d 136).   By allowing a three-inch tree stump to remain in the middle of the pathway, the State failed to maintain its paved pathway in a reasonably safe condition.   We also decline to exercise our power to reapportion liability (see, Saiia v. State of New York, 190 A.D.2d 1059, 594 N.Y.S.2d 1012).

Judgment unanimously affirmed with costs.

MEMORANDUM: