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BASSO v. MILLER

40 N.Y.2d 233 (1976)

Stephen Basso, Respondent, v. William A. Miller et al., Appellants.

Court of Appeals of the State of New York.

Decided June 17, 1976.

Attorney(s) appearing for the Case

William F. McNulty, Daniel J. Coughlin and Anthony J. McNulty for William A. Miller, appellant.

John F. Haggerty and John J. Corcoran for Ice Caves Mountain, Inc., appellant.

Bernard S. Epstein and Abraham Epstein for respondent.

Judges GABRIELLI, JONES, WACHTLER and FUCHSBERG concur with Judge COOKE; Chief Judge BREITEL concurs in result in a separate opinion in which Judge JASEN concurs.

COOKE, J.

Ice Caves Mountain, Inc., operates a large scenic park as a tourist attraction on property leased from the Village of Ellenville. During the summer months the premises are open to the public from approximately 8 A.M. until a half hour before dark on the payment of an admission fee. Although the witnesses differed on certain points, the record reveals relevant...

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