Opinion
July 10, 1967
Judgment of the Supreme Court, Nassau County, dated December 16, 1965, reversed on the law and the facts, without costs, and complaint dismissed. The evidence is that the infant plaintiff was injured when he was struck in the eye by a rubber-tipped arrow while playing in a park operated by the defendant village. The defendant had no actual notice that children had ever played with bows and arrows in this park, nor did the evidence establish that the activity had been carried on with sufficient frequency to charge the defendant with constructive notice. The rule is that a municipality operating a recreational area owes to the public invited therein a duty of reasonable and ordinary care against foreseeable dangers (see Caldwell v. Village of Is. Park, 304 N.Y. 268). In our opinion, under the circumstances, the defendant did not breach its duty to the infant plaintiff. Having had no notice, either actual or constructive, of the shooting of arrows in this park, the defendant was not obliged to provide supervision sufficient to curtail the activity and may not be held liable for its failure to do so. In any event, the verdict with respect to notice is against the weight of the evidence. Brennan, Acting P.J., Rabin, Hopkins, Benjamin and Munder, JJ., concur.