Opinion
March 16, 1990
Appeal from the Supreme Court, Ontario County, Contiguglia, J.
Present — Dillon, P.J., Callahan, Doerr, Denman and Lowery, JJ.
Order unanimously affirmed without costs. Memorandum: Defendants moved for summary judgment dismissing the complaint in this action for wrongful death and conscious pain and suffering which arises from an accident that occurred on Seneca Lake when a boat in which decedent was a passenger struck Lighthouse Pier. Supreme Court properly granted the motion for summary judgment. The record reveals that the accident occurred during the course of navigation of Seneca Lake, a part of the State's canal system. Defendants did not own, maintain or in any way control the pier. The State is immune from suit for damages resulting from the navigation of its canals (see, Canal Law § 120; Locke v State of New York, 140 N.Y. 480; Zorn v State of New York, 45 App. Div. 163; Barrett v State of New York, 139 Misc.2d 42). That immunity extends to the State's subdivisions as well (see, Bernardine v City of New York, 294 N.Y. 361; Sharapata v Town of Islip, 82 A.D.2d 350, 357, affd 56 N.Y.2d 332), and is not affected by the enactment of section 8 CTC of the Court of Claims Act (Naramore v State of New York, 285 N.Y. 80).