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CALDWELL v. VILL. OF ISLAND PARK

279 A.D. 746 (1951)

Marion Caldwell, an Infant, by Cyril C. Caldwell, Her Guardian ad Litem, et al., Respondents, v. Village of Island Park, Appellant

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

December 3, 1951.

Judgment entered on the verdict reversed on the law, with costs, and complaint dismissed, with costs.

There was no duty on the part of the village to suppress the nuisance in question created by third parties in the village park. Passive acquiescence in allowing the nuisance is not sufficient to impose liability on a municipal corporation. (Whittaker v. Village of Franklinville, 265 N.Y. 11.)

Wenzel, J., dissents and votes to affirm, with...

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