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OLES v. VILL. OF PHILMONT

114 A.D.2d 604 (1985)

David Oles, an Infant, by Marilyn Oles, His Mother, Appellant, et al., Plaintiffs, v. Village of Philmont, Respondent, et al., Defendants

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

October 17, 1985

Casey, J.

Plaintiff David Oles (hereinafter plaintiff) sustained injuries when he fell from a waterfall on Agawamuck Creek in Columbia County. The complaint alleges that defendant Village of Philmont is an owner of property adjacent to Agawamuck Creek in the vicinity of the waterfall and that it was negligent in failing to erect or maintain a fence and in permitting a dangerous condition to exist on its property. Special Term granted the Village's motion...

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