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McCARTHY v. NYS CANAL CORP.

244 A.D.2d 57 (1998)

675 N.Y.S.2d 254

Linda McCarthy, Respondent, v. New York State Canal Corporation, Appellant. (Claim No. 90208.) In the Matter of Linda McCarthy, Respondent, v. New York State Thruway Authority, Appellant

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

July 9, 1998

Attorney(s) appearing for the Case

Dennis C. Vacco, Attorney-General, Albany (Michael S. Buskus of counsel), for appellant.

Proskin Law Firm, P. C., Albany (Lisa Anne Proskin of counsel), for respondent.

CREW III, WHITE, YESAWICH JR. and GRAFFEO, JJ., concur.

CARDONA, P. J.

On June 26, 1994, claimant, her friend and her mother drove to the north bank of the Mohawk River, near the Crescent Bridge in the Town of Halfmoon, Saratoga County, to visit with her friend's brother and his family who were fishing in the vicinity of a stone and concrete seawall, a terminus where people are permitted to dock their boats. Claimant walked out onto the remnants of an old stone aqueduct...

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