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HEANEY v. PURDY

29 N.Y.2d 157 (1971)

James C. Heaney, Appellant, v. James Purdy et al., Respondents.

Court of Appeals of the State of New York.

Decided July 6, 1971.

Attorney(s) appearing for the Case

James C. Heaney, pro se, appellant.

John T. Frizzell for respondents.

Chief Judge FULD and Judges SCILEPPI, BERGAN and GIBSON concur with Judge BURKE; Judge BREITEL dissents and votes to reverse in a separate opinion in which Judge JASEN concurs.

BURKE, J.

Plaintiff, in Ontario, Canada, went to Lake Erie and encamped on a beach in front of defendant's house. Defendant, claiming title to the beach, had plaintiff arrested and charged with trespass pursuant to the Petty Trespass Act. After a three-hour trial, the Ontario Magistrate's Court declined jurisdiction. The holding was based on subdivision 3 of the Petty Trespass Act, which provides as follows:...

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