McCarthy v. New York State Canal Corp.
Appellate Division of the Supreme Court of the State of New York
1Opinion of the Court
OPINION OF THE COURT
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, which once crossed the Mohawk River, adjacent to the terminal wall to help one of the children untangle her fishing line. As claimant turned to ask the child’s…
2Cases cited9 opinions
- Ferres v. City of New RochelleNew York Court of Appeals · 1986
- Iannotti v. Consolidated Rail Corp.New York Court of Appeals · 1989
- Bragg v. Genesee County Agricultural SocietyNew York Court of Appeals · 1994
- Albright v. MetzNew York Court of Appeals · 1996
- Prusack v. StateAppellate Division of the Supreme Court of the State of New York · 1986
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3Cited by6 opinions
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- Arquette v. StateNew York Court of Claims · 2001
- Saraceno v. MazikowskiAppellate Division of the Supreme Court of the State of New York · 2026
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