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  5. 114 A.D.2d 176 (1986)
 

BUSH v. VIL. OF SAUGERTIES

114 A.D.2d 176 (1986)

Wendy Bush, Individually and as Parent and Natural Guardian of Melissa J. Bush, an Infant, Respondent, v. Village of Saugerties, Defendant and Third-Party Plaintiff-Appellant-Respondent. Town of Saugerties, Third-Party Defendant-Appellant; Brenda Williams, Third-Party Defendant-Respondent

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

February 13, 1986

Attorney(s) appearing for the Case

Riseley, Riseley, Findholt & Gruner (Paul L. Gruner of counsel), for respondent.

Raymond G. Lawlor (John J. Quackenbush, Jr., and Justin E. Driscoll, III, of counsel), for defendant and third-party plaintiff-appellant-respondent.

James H. Kerr for third-party defendant-appellant.

MAHONEY, P. J., KANE and LEVINE, JJ., concur with WEISS, J.; CASEY, J., concurs in a separate opinion.

WEISS, J.

The Town of Saugerties owns a park called Cantine Field which adjoins and is contiguous to a park owned by the Village of Saugerties called Lions Playground. Combined, the parks provide a wide range of recreational facilities used by both residents and the general public for which no fee is charged. There is a row of maple trees spaced 25 to 30 feet apart along the division line between the two parks...

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