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FLOWERS v. CITY OF NEW YORK

283 A.D.2d 198 (2001)

724 N.Y.S.2d 405

ALBERT FLOWERS, Appellant, v. CITY OF NEW YORK, Respondent.

Appellate Division of the Supreme Court of the State of New York, First Department.

Decided May 8, 2001.

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 N.Y.2d 200), such duty does not run to those using park premises illegally, and plaintiff, at the time of the incident which gave rise to this action...

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