Daniel S. Diven v. Village Hastings-On-Hudson Et Al‪.‬

[156 A.D.2d 538 Page 538] The infant plaintiff was seriously injured when he fell from a cliff located somewhere (the precise location is not clear)
in the vicinity of the boundary between the property of the respondents and the property of the co-defendant, the Village
of Hastings-On-Hudson (hereinafter the Village). The plaintiffs seek to impose liability on the respondents on the theory
that they were negligent in failing to erect a fence so as to prevent children from coming from the Village's property (which
was operated as a park) onto their property, and that such negligence caused the injuries suffered by the infant plaintiff.
The Supreme Court granted summary judgment in favor of the respondents, and dismissed the complaint as to them.