Mohawk Valley Ski Club, Inc. v. Town of Duanesburg
Appellate Division of the Supreme Court of the State of New York
1Opinion of the Court
Mercure, J.P.
Appeal from an order of the Supreme Court (Caruso, J.), entered May 16, 2002 in Schenectady County, which denied plaintiffs motion for summary judgment.
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…
2Cases cited11 opinions
- Morgan v. . KingNew York Court of Appeals · 1866
- Trustees of Union College v. Members of the Schenectady City CouncilNew York Court of Appeals · 1997
- Adirondack League Club, Inc. v. Sierra ClubNew York Court of Appeals · 1998
- Douglaston Manor, Inc. v. BahrakisNew York Court of Appeals · 1997
- Granger v. City of CanandaiguaNew York Court of Appeals · 1931
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