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KEHOE v. INC. VILL. OF VALLEY STREAM

44 N.Y.2d 704 (1978)

Vincent Kehoe, as General Guardian of Charles Kehoe, an Infant, et al., Respondents, v. Incorporated Village of Valley Stream et al., Defendants, and County of Nassau, Appellant.

Court of Appeals of the State of New York.

Decided March 29, 1978.

Attorney(s) appearing for the Case

Joseph Jaspan, County Attorney (Natale C. Tedone and Biagio F. Giaquinto of counsel), for appellant.

William J. Steinbrecher for respondents.

Chief Judge BREITEL and Judges JASEN, GABRIELLI, JONES, WACHTLER, FUCHSBERG and COOKE concur in memorandum.

MEMORANDUM.

The judgment appealed from and the order of the Appellate Division brought up for review are affirmed, with costs. The infant plaintiff was eel fishing in Mill Pond Park, along with his older brother. The boys decided to continue fishing in a nearby stream and, in order to reach the stream, they went through a 20-foot-wide culvert under Mill Pond Road. Under an easement granted by the City of New York, the County...

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