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DOUGLASTON MANOR v. BAHRAKIS

218 A.D.2d 300 (1996)

639 N.Y.S.2d 613

Douglaston Manor, Inc., Respondent, v. George Bahrakis et al., Appellants

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

March 8, 1996

Attorney(s) appearing for the Case

Webster & Chase, Rochester (Frank R. Webster of counsel), for appellants.

Hiscock & Barclay, L. L. P., Syracuse (Diane L. Van Epps of counsel), for respondent.

PINE, J. P., FALLON, CALLAHAN and DAVIS, JJ., concur.

DOERR, J.

The issue raised on this appeal, whether the public right of navigation in waters of a privately owned riverbed includes the right to fish therein, is one that has not been recently addressed by New York appellate courts. We conclude that the right of navigation includes the right to fish.

The facts are not in dispute. The Salmon River originates in Lewis County and flows generally west for...

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