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PRESTON v. STATE

92 A.D.2d 1027 (1983)

Andrew C. Preston, Respondent, v. State of New York, Appellant. (Claim No. 61910.)

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

March 10, 1983

On June 10, 1973, claimant, then age 10, together with members of his family, went by boat to Stockport Middleground Island located in the Hudson River near Hudson, New York, for an outing. Concededly, the island is owned by the State. At about 4:30 P.M., after spending the day swimming, waterskiing and picnicking, the party prepared to leave. Because of low tide, the boat was located several feet from shore. While walking through...

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