Summary
In Edinger v. City of Buffalo (213 N.Y. 674) it was held that the establishment of a playground is not a governmental function, and in Augustine v. Town of Brant (249 N.Y. 198) we found that the establishment of a town park was the exercise of a proprietary power (see Matter of City of New York [ Gillen Place], 195 Misc. 685, affd. 278 App. Div. 779, affd.
Summary of this case from Knapp v. FasbenderOpinion
Submitted December 2, 1914
Decided December 18, 1914
William S. Rann, Corporation Counsel ( Frank C. Westphal of counsel), for appellant.
William D. Van Pelt for respondent.
Judgment affirmed, with costs; no opinion.
Concur: WILLARD BARTLETT, Ch. J., HISCOCK, CHASE, COLLIN, CUDDEBACK, MILLER and CARDOZO, JJ.