Legal Opinion · Dissent

Kelley v. City of New York

Appellate Division of the Supreme Court of the State of New York

Decided July 15, 1968Published

1DissentBenjamin, J.

The plaintiffs’ intestates, who were 11 and 12 years of age at the time involved herein, met their deaths by drowning after *832walking out onto the ice-covered surface of Baisley Pond in Baisley Park, Queens. Although section 29 of the Rules of the Park Department of the City of New York forbade walking or skating on ice except for such places as may be designated or maintained therefor, and Baisley Pond was not such a place at the time in question, many persons were then skating on the ice. A jury could well have found that the surface of the pond was highly dangerous, as there was proof in the…

2Cases cited3 opinions

  1. Storm v. New York Telephone Co.New York Court of Appeals · 1936
  2. Cunningham v. City of Niagara FallsNew York Court of Appeals · 1936
  3. Fedearowicz v. City of AmsterdamNew York Court of Appeals · 1944

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