MOHAWK VALLEY SKI CLUB, INC. v. TOWN OF DUANESBURG


304 A.D.2d 881 (2003)

757 N.Y.S.2d 357

MOHAWK VALLEY SKI CLUB, INC., Appellant, v. TOWN OF DUANESBURG et al., Respondents.

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

Decided April 3, 2003.


Mercure, J.P.

The central issue on this appeal is whether Mariaville Lake in the Town of Duanesburg, Schenectady County, is navigable as a matter of law—as urged by plaintiff—or whether, as defendants contend, there is a question of fact as to its navigability.

Plaintiff is a not-for-profit corporation that formerly provided waterskiing instruction on Mariaville Lake. The lake is an artificial body of water maintained by a concrete dam and spillway...

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