In Chapman v. State of New York (Ct Cl, Mar. 19, 2001, Corbett, J., Claim No. 97828, Motion Nos. M-61413, M-61575) a bicyclist was injured when he struck a tree lying across a designated bicycle path located in a canal towpath. The affirmative defense based on General Obligations Law 9-103 was stricken, and claimant urges a similar result here; defendants disagree with the result in that decision and argue that the situation presented in Chapman is distinguishable, on its facts, from the one presented here, since it involved a "paved section of the towpath in a suburban area." (Gelormini Reply Affidavit P 21). Chapman provides an excellent review of the reasons behind the development of the Ferres exception to General Obligations Law 9-103, as well as an excellent example of the difficulties encountered in determining whether a specific recreational area qualifies for this exception.