Legal Opinion

Pokoik v. Department of Health Services

New York Court of Appeals

Decided December 20, 1988PublishedCited by 13 opinions

1Opinion of the Court

OPINION OF THE COURT

Titone, J.

The Village of Ocean Beach, which is located on Fire Island, *711is a small community containing several publicly accessible beaches within its borders. Although access to the Village is limited because motor vehicles are not generally permitted, nonresidents, who may arrive by ferry or boat, often visit the Village’s beaches. Aware that its beaches are used by the public, the Village furnishes lifeguard protection for bathers at the taxpayers’ expense. However, no other facilities for beachgoers are maintained. It is undisputed that there are no toilet or other…

2Cases cited5 opinions

  1. Eaton v. New York City Conciliation & Appeals BoardNew York Court of Appeals · 1982
  2. Curcio v. City of New YorkNew York Court of Appeals · 1937
  3. Schneider v. SchneiderNew York Court of Appeals · 1966
  4. Barton v. LavineNew York Court of Appeals · 1975
  5. Brooklyn Union Gas Co. v. Commissioner of the Department of FinanceNew York Court of Appeals · 1986

3Cited by13 opinions

  1. Hauptman v. New York City Health & Hospitals Corp.Appellate Division of the Supreme Court of the State of New York · 1990
  2. Gorsky v. Triou's Custom Homes, Inc.New York Supreme Court · 2002
  3. Pokoik v. Department of Health ServicesAppellate Division of the Supreme Court of the State of New York · 1992
  4. Hill v. EppolitoAppellate Division of the Supreme Court of the State of New York · 2004
  5. Kusky v. Town of IslipAppellate Division of the Supreme Court of the State of New York · 1993

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