The Ferres Exception in New York

"Ferres" Exception is a judicially recognized exception to the immunity provided by General Obligations Law 9-103 removes municipalities and other public entities from the statute's protection with respect to their operation and maintenance of supervised public parks and recreational facilities (Ferres v City of New Rochelle, 68 NY2d 446, 449). Determining whether an area that is open for recreational use is sufficiently "supervised" so as to fall outside application of the statute can be quite problematic, and it is essential that any such determination be based on consideration of the underlying purpose of the statute: "to induce property owners, who might otherwise be reluctant to do so for fear of liability, to permit persons to come on their property to pursue specified activities" (id. at 451).