LoPiccolo v. Chelsea GCA Realty, Inc.

—Order, Supreme Court, New York County (Emily Goodman, J.), entered February 16, 1999, which, to the extent appealed from, granted plaintiffs motion to dismiss defendant-appellant’s counterclaim against the infant plaintiffs mother, plaintiff Lisa LoPiccolo, unanimously affirmed, without costs.

The motion court properly determined that defendant-appellant’s counterclaim, alleging that plaintiff mother’s negligence contributed to the infant plaintiffs harm, was predicated on a theory of negligent supervision and, as such, was nonactionable (see, LaTorre v Genesee Mgt., 90 NY2d 576). Concur — Sullivan, J. P., Rosenberger, Nardelli, Williams and Friedman, JJ.