Adirondack League Club, Inc., Appellant-Respondent,
v.
Sierra Club et al., Respondents-Appellants, and Thomas Kligerman et al., Respondents
Appellate Division of the Supreme Court of the State of New York, Third Department.https://leagle.com/images/logo.png
August 18, 1994
August 18, 1994
Attorney(s) appearing for the Case
Shamberg, Marwell, Cherneff, Hocherman, Davis & Hollis, P. C., Mount Kisco (Stuart R. Shamberg, John S. Marwell and Adam L. Wekstein of counsel), and Bertine, Hufnagel, Headley & Zeltner, P. C., Bronxville (Peter K. Bertine and Frank M. Headley, Jr., of counsel), for appellant-respondent.
Whiteman, Osterman & Hanna, Albany (Carolyn Dick and Philip H. Gitlen of counsel), for Sierra Club, respondent-appellant.
G. Oliver Koppell, Attorney-General, Albany (Val Washington. Peter H. Schiff and James A. Sevinsky of counsel), for State of New York, respondent-appellant.
Neil F. Woodworth, Lake George, and John W. Caffry, Glens Falls, for Adirondack Mountain Club, Inc., respondent-appellant.
Bartle, McGrane, Duffy & Jones, Troy (Nancy E. Jones of counsel), for Thomas Kligerman and others, respondents.
Proskauer, Rose, Goetz & Mendelsohn, New York City (Robert J. Kafin of counsel), for Robert Wolff, respondent.
Bond, Schoeneck & King, Syracuse (H. Dean Heberlig, Jr., John S. Ferguson and Thomas M. Shephard of counsel), for New York Blue Line Council, Inc., and others, amici curiae.
Jeffrey H. Kirby, Glenmont, for New York Farm Bureau, Inc., amicus curiae.
MERCURE and PETERS, JJ., concur with CASEY, J.; YESAWICH JR., J., and CARDONA, P. J., concur in part and dissent in part in a separate opinion by YESAWICH JR., J.
Appellate Division of the Supreme Court of the State of New York, Third Department.
CASEY, J.
In June 1991, the individual defendants, all members of defendant Sierra Club, traveled in two canoes and a kayak down the South Branch of the Moose River in the Adirondack Mountains. The river begins at Little Moose Lake in Hamilton County and flows to its confluence with the middle and main branches, which are in turn part of a larger river system draining into the Black River and Lake Ontario. Approximately...
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