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O'KEEFE v. STATE

104 A.D.2d 43 (1984)

Theresa O'Keefe, Individually and as Administratrix of The Estate of David O'Keefe, Deceased, Appellant, v. State of New York, Respondent. (Appeal No. 1.) Theresa O'Keefe, Individually and as Administratrix of The Estate of Thomas J. O'Keefe, Deceased, Appellant, v. State of New York, Respondent. (Appeal No. 2.) Theresa O'Keefe, Individually and as Administratrix of The Estate of Mark O'Keefe, Deceased, Appellant, v. State of New York, Respondent. (Appeal No. 3.)

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

November 7, 1984

Attorney(s) appearing for the Case

Miserendino, Krull & Foley, P. C. (Samuel Miserendino of counsel), for appellants.

Robert Abrams, Attorney-General (Vernon Stuart and Peter J. Dooley of counsel), for respondent.

DILLON, P. J., and SCHNEPP, J., concur with HANCOCK, JR., J.; MOULE, J., dissents and votes to affirm the judgment in a separate opinion in which GREEN, J., concurs.

HANCOCK, JR., J.

These wrongful death claims arise from three accidental drownings which occurred on May 22, 1974 at the Beaver Island State Park Marina, a public recreational facility owned and operated by the State of New York. The decedents, all members of the O'Keefe family, were on the marina piers for the purpose of fishing in the Niagara River, a permitted activity for which the marina was open to the...

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