New York State Consolidated Laws

General Obligations

                             TITLE 1
                   CONDITIONS ON REAL PROPERTY
Section  9-101.    Liability  of  receiver  of  rents and profits
                        appointed in mortgage foreclosure.
         9-103.    No  duty  to  keep  premises  safe for certain
                        uses; responsibility  for  acts  of  such
                        users.

    Sec.  9-101.   Liability  of  receiver  of  rents and profits
appointed in mortgage  foreclosure.   A  receiver  of  rents  and
profits  appointed in an action to foreclose a mortgage upon real
property shall be liable, in his official capacity, for injury to
person  or  property  sustained  by  reason  of conditions on the
premises, in a case  where  an  owner  would  have  been  liable.
Nothing  herein  contained  shall  be  construed  to  enlarge the
liability of the receiver in his personal capacity.

  S   9-103.  No  duty  to  keep  premises  safe  for  certain  uses;
responsibility for acts of such  users.  1.  Except  as  provided  in
subdivision two,
  a.  an owner, lessee or occupant of premises, whether or not posted
as provided in section 11-2111 of the environmental conservation law,
owes no duty to keep the premises safe for entry or use by others for
hunting,  fishing,  organized  gleaning   as   defined   in   section
seventy-one-y  of the agriculture and markets law, canoeing, boating,
trapping,  hiking,  cross-country  skiing,   tobogganing,   sledding,
speleological  activities,  horseback  riding,  bicycle  riding, hang
gliding,  motorized  vehicle  operation  for  recreational  purposes,
snowmobile operation, cutting or gathering of wood for non-commercial
purposes or training of dogs, or to give  warning  of  any  hazardous
condition  or  use  of  or  structure or activity on such premises to
persons entering for such purposes;
  b. an owner, lessee or occupant of premises who gives permission to
another to pursue any such activities upon  such  premises  does  not
thereby  (1) extend any assurance that the premises are safe for such
purpose, or (2) constitute the person to whom permission  is  granted
an   invitee  to  whom  a  duty  of  care  is  owed,  or  (3)  assume
responsibility for or incur liability for any  injury  to  person  or
property  caused  by  any  act  of  persons to whom the permission is
granted.
  c.  an  owner,  lessee or occupant of a farm, as defined in section
six hundred seventy-one of the labor law, whether or  not  posted  as
provided  in  section  11-2111 of the environmental conservation law,
owes no duty to keep such farm safe for entry or use by a person  who
enters  or remains in or upon such farm without consent or privilege,
or to give warning of any hazardous condition or use of or  structure
or  activity  on  such farm to persons so entering or remaining. This
shall not be interpreted, or construed, as a limit on  liability  for
acts  of gross negligence in addition to those other acts referred to
in subdivision two of this section.
  2.  This section does not limit the liability which would otherwise
exist
  a. for willful or malicious failure to guard, or to warn against, a
dangerous condition, use, structure or activity; or
  b.  for  injury suffered in any case where permission to pursue any
of the activities enumerated  in  this  section  was  granted  for  a
consideration  other  than  the  consideration,  if any, paid to said
landowner by the state or federal government, or permission to  train
dogs  was granted for a consideration other than that provided for in
section 11-0925 of the environmental conservation law; or
  c.  for  injury  caused,  by  acts of persons to whom permission to
pursue any of the activities enumerated in this section was  granted,
to  other  persons  as to whom the person granting permission, or the
owner, lessee or occupant of the premises, owed a duty  to  keep  the
premises safe or to warn of danger.
  3.  Nothing  in  this  section  creates a duty of care or ground of
liability for injury to person or property.