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  5. 39 A.D.2d 163 (1972)
 

JACQUES v. VIL. OF LAKE PLACID

39 A.D.2d 163 (1972)

Donald Jacques et al., Respondents, v. Village of Lake Placid, Appellant

Appellate Division of the Supreme Court of the State of New York, Third Department.

June 1, 1972.

Attorney(s) appearing for the Case

Herron, Lawler & Fischer (Henry A. Fischer, Jr., of counsel), for appellant.

McCormick, LaPan & Brooks (John T. De Graff, James M. Brooks and Margrethe R. Powers of counsel), for respondents.

HERLIHY, P. J., COOKE and SWEENEY, JJ., concur with KANE, J.; SIMONS, J., dissents and votes to reverse in an opinion.

KANE, J.

This is an appeal from a judgment of the Supreme Court, entered December 3, 1970 in Essex County, upon a verdict rendered at a Trial Term in favor of plaintiffs.

The Village of Lake Placid owns and maintains a public recreation area on the westerly shore of Mirror Lake consisting of a wooded park, a sand beach and a swimming dock. The park area was lighted at night and open to the public continuously...

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