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MESICK v. STATE

118 A.D.2d 214 (1986)

Grayford J. Mesick et al., Respondents, v. State of New York, Appellant

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

July 3, 1986

Attorney(s) appearing for the Case

Robert Abrams, Attorney-General (Michael S. Buskus of counsel), for appellant.

Carter, Conboy, Bardwell, Case & Blackmore (James S. Carter of counsel), for respondents.

WEISS and YESAWICH, JR., JJ., concur with MAHONEY, P. J.; MAIN, J., concurs in part and dissents in part in an opinion; CASEY, J., dissents and votes to reverse in an opinion.

MAHONEY, P. J.

The State owns a parcel of property known as Honeysuckle Rock which is located along the Kinderhook Creek in the Town of Chatham, Columbia County. The area was posted with signs limiting the permissible use of the area to fishing. Other activities were declared to be unlawful. Despite such restrictions, a water hole located along the property was frequently used for swimming. Unknown persons attached...

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