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HUPFER v. MIX

26 A.D.2d 580 (1966)

Allen Hupfer, an Infant by His Guardian ad Litem, Arnold Hupfer, et al., Respondents, v. Charles L. Mix, Defendant, and Incorporated Village of Hempstead, Appellant

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

June 27, 1966

Order affirmed, without costs.

We distinguish this case from Doremus v. Village of Lynbrook (25 A.D.2d 749), upon the ground that affirmative negligence is charged here in that the village established and maintained the park, which created the special use of the street as a crossway between the park and a Youth Center (see Bown v. Village of Lynbrook, 23 A.D.2d 559, revd. on the...

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