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SEGA v. STATE OF NEW YORK

89 A.D.2d 412 (1982)

Marjorie R. Sega, Appellant, v. State of New York, Respondent. (Claim No. 61468.)

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

November 18, 1982

Attorney(s) appearing for the Case

Spitz, Spitz & Fedordchak (Andrew L. Spitz of counsel), for appellant.

Robert Abrams, Attorney-General (Henderson G. Riggs and Jeremiah Jochnowitz of counsel), for respondent.

LEVINE and WEISS, JJ., concur with CASEY, J.; MAHONEY, P. J., and KANE, J., dissent and vote to reverse in an opinion by MAHONEY, P. J.

CASEY, J.

Peekamoose Campsite is a State owned and operated 700-acre public recreational facility located in Ulster County. On July 14, 1976, claimant, a 24 year old, 5 foot 7 inch, 155-pound woman, was acting as a counsellor to a group of teen-age hikers and had, after walking for about two hours, arrived at a bridge which spanned the Rondout Creek in the campsite. The bridge had guardrails on each side consisting...

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