TKESHELASHVILI v. STATE OF NY

No. 204.

18 N.Y.3d 199 (2011)

960 N.E.2d 414

936 N.Y.S.2d 645

MIKHAIL TKESHELASHVILI et al., Appellants, v. STATE OF NEW YORK, Respondent.

Court of Appeals of New York.

Decided November 22, 2011.


Attorney(s) appearing for the Case

Weingrad & Weingrad LLP, New York City ( G. Michael Simmon and Penny Shemtob of counsel), for appellants.

Eric T. Schneiderman , Attorney General, Albany ( Robert M. Goldfarb , Barbara D. Underwood , Andrew D. Bing and Peter H. Schiff of counsel), for respondent.

Chief Judge LIPPMAN and Judges CIPARICK, GRAFFEO, SMITH, PIGOTT and JONES concur.


OPINION OF THE COURT

READ, J.

On a sunny late summer's afternoon—the Sunday of Labor Day weekend in 2005—claimant Mikhail Tkeshelashvili and two male friends went on an outing to Colgate Lake, located in the Town of Jewett1 in Greene County. Colgate Lake formed following construction in 1887 of Colgate Lake Dam, a log crib and stone masonry structure, to supply water...

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