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SEARLES v. TOWN OF HORICON

116 A.D.2d 93 (1986)

William Searles, Respondent, v. Town of Horicon, Appellant, and Jean E. Kirvin et al., Respondents

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

March 27, 1986

Attorney(s) appearing for the Case

Friedman, Maksail, Hirschen & Miller (Jeffrey N. Miller of counsel), for appellant.

LaPann, Reardon, Fitzgerald & Firth (Jennifer A. Jensen of counsel), for William Searles, respondent.

Tabner, Scher & Laudato (Paul J. Laudato of counsel), for Jean E. Kirvin and another, respondents.

MAHONEY, P. J., KANE, CASEY and WEISS, JJ., concur.

LEVINE, J.

Plaintiff was injured when he dove off a dock on Brant Lake in Warren County and struck his head on the bottom of the lake, sustaining a fracture of the c-7 vertebra. He commenced the instant suit naming as defendants the Town of Horicon, which owns and operates a dam which regulates the water level of the lake, and Jean E. Kirvin and Virginia M. Rodford, owners of the property from which he dove....

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