Majury v. Edmund Niles Huyck Preserve, Inc.

Staley, Jr., J.

Appeal from a judgment of the Supreme Court in favor of defendant, entered June 12, 1968 in Albany County, upon a dismissal of the complaint by the court at a Trial Term, following a declaration of a mistrial by the court upon the grounds that the jury was hopelessly deadlocked. On August 22, 1963 at about 6 o’clock in the evening, plaintiff went to defendant’s preserve for a picnic. The preserve was open to the public, having been established about 1930 for the purpose of a wildlife preserve, and to protect the land for the enjoyment and pleasure of the Community of…