Flowers v. City of New York
Appellate Division of the Supreme Court of the State of New York
1Opinion of the Court
—Order, Supreme Court, Bronx County (Stanley Green, J.), entered June 5, 2000, which granted defendant’s motion for summary judgment dismissing the complaint, unanimously affirmed, without costs.
The complaint was properly dismissed. While defendant, in the exercise of its proprietary function, may be obligated to furnish a degree of general supervision to deter activities within its parks dangerous to those using its parks legally (see, Rhabb v New York City Hous. Auth., 41 NY2d 200), such duty does not run to those using park premises illegally, and plaintiff, at the time of the incident…
2Cases cited4 opinions
- Weiner v. Metropolitan Transportation AuthorityNew York Court of Appeals · 1982
- Allen v. New York City Housing AuthorityAppellate Division of the Supreme Court of the State of New York · 1994
- Garcia v. City of New YorkAppellate Division of the Supreme Court of the State of New York · 1994
- McPherson v. New York City Housing AuthorityAppellate Division of the Supreme Court of the State of New York · 1996