HOGARTH v. Town of Geddes, Respondent. (Appeal No. 1).

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Supreme Court, Appellate Division, Fourth Department, New York.

Patricia HOGARTH, individually and as parent and natural guardian of Amanda Hart, a minor, Appellant-Respondent, v. CITY OF SYRACUSE, Respondent-Appellant, Town of Geddes, Respondent. (Appeal No. 1).

No. 0297.

Decided: April 25, 1997

Before GREEN, J.P., and LAWTON, CALLAHAN, BOEHM and FALLON, JJ. Davoli, McMahon & Kublick, P.C. by Jan Kublick, Syracuse, for Appellants-Respondents. Syracuse Corporation Counsel's Office, Joseph E. Lamendola, of counsel by Venessa Smith, Syracuse, for Respondent-Appellant, City of Syracuse. Sugarman, Wallace, Manheim & Schoenwald by Mary Smith, Syracuse, for Respondent, Town of Geddes.

 Supreme Court properly granted the cross motion of plaintiff to amend her complaint to add a new cause of action alleging that the injuries sustained by plaintiff's daughter were the result of the willful and intentional conduct of defendants.   Leave to amend should be freely given (see, CPLR 3025[b] ), and the decision whether to grant such a motion is within the sound discretion of the court (see, Beuschel v. Malm, 114 A.D.2d 569, 494 N.Y.S.2d 185).   Because the proposed amendment is not on its face palpably insufficient, we conclude that the court did not abuse its discretion in allowing the amendment (see, Clark v. Taylor Wine Co., 148 A.D.2d 908, 909, 539 N.Y.S.2d 536, quoting Prosser v. Gouveia, 98 A.D.2d 992, 993, 470 N.Y.S.2d 231).

 We further conclude that the court properly granted summary judgment dismissing the negligence causes of action based on General Obligations Law § 9-103.   The record establishes that plaintiff's daughter was engaged in sledding, an activity enumerated in that section, and that the property was suitable for public use for that purpose.   Defendant landowners were therefore immune from liability for their ordinary negligence for injuries sustained by plaintiff's daughter while sledding on their land (see, General Obligations Law § 9-103[1][a];  Bragg v. Genesee County Agric. Socy., 84 N.Y.2d 544, 551-552, 620 N.Y.S.2d 322, 644 N.E.2d 1013;  Martins v. Syracuse Univ., 214 A.D.2d 967, 627 N.Y.S.2d 191;  Clark v. State of New York, 178 A.D.2d 908, 577 N.Y.S.2d 946;  Dean v. Glens Falls Country Club, 170 A.D.2d 798, 566 N.Y.S.2d 104).

We have reviewed the remaining contentions of the parties and conclude that they are without merit.

Order unanimously affirmed without costs.

MEMORANDUM: