Appellate Division of the Supreme Court of New York, 1995

Rosario v. Bann Housing Corp.

Rosario v. Bann Housing Corp.
Appellate Division of the Supreme Court of New York · Decided October 26, 1995
220 A.D.2d 345; 633 N.Y.S.2d 947; 1995 N.Y. App. Div. LEXIS 10450
Rosario v. Bann Housing Corp.

Opinion of the Court

—Order, Supreme Court, Bronx County (Anne Tar-gum, J.), entered on or about May 12, 1994, denying defendant-appellant’s motion to amend its answer to set forth counterclaims against plaintiffs’ parents, unanimously affirmed, without costs.

In the absence of evidence that the parents had a duty with respect to the painting of their rented apartment (see, Multiple Dwelling Law § 78; Administrative Code of City of NY § 27-2013 [h]) or otherwise affirmatively created the condition giving rise to the injury (see, Barocas v Woolworth Co., 207 AD2d 145, 149), the allegations of the proposed counterclaims are insufficient to overcome the rule prohibiting claims based on negligent parental supervision (Holodook v Spencer, 36 NY2d 35; compare, Alharb v Sayegh, 199 AD2d 229). Concur—Sullivan, J. P., Rosenberger, Asch and Nardelli, JJ.

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