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  5. 36 N.Y.2d 798 (1975)
 

NICHOLSON v. BD. OF EDUC. OF THE CITY OF NEW YORK

36 N.Y.2d 798 (1975)

Brian Nicholson, an Infant, by His Mother, Margaret Nicholson, Respondent, v. Board of Education of the City of New York, Appellant.

Court of Appeals of the State of New York.

Decided April 7, 1975.

Attorney(s) appearing for the Case

Adrian P. Burke, Corporation Counsel (Leonard Koerner and L. Kevin Sheridan of counsel), for appellant.

Joseph P. Napoli for respondent.

Chief Judge BREITEL and Judges JASEN, GABRIELLI, JONES, WACHTLER and COOKE concur in Per Curiam opinion; Judge FUCHSBERG concurs in a separate opinion in which Judge WACHTLER also concurs.

Per Curiam.

The decisive principle is that a municipality aware that its park or playground is being used by visitors as a site for criminal activities, such as the unlawful discharge of fireworks, will be liable for resulting injuries if it fails to take appropriate preventative measures (see Caldwell v Village of Is. Park, 304 N.Y. 268, 275; see, generally, 42 NY Jur, Parks and Recreation Centers, §§ 73, 91...

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