Appell v. Mandel
Cases that cite this one
25 later published cases cite this decision.
- A.B. v. Staropoli (District Court, S.D. New York 2013)
- C.B. v. Incorporated Vil. of Garden City (Appellate Division of the Supreme Court of New York 2021)
- PARSLOW, BRYAN v. LEAKE, STEVEN B. (Appellate Division of the Supreme Court of New York 2014)
- Parslow v. Leake (Appellate Division of the Supreme Court of New York 2014)
- Parslow v. Leake (Appellate Division of the Supreme Court of New York 2014)
- Moreno v. Weiner (Appellate Division of the Supreme Court of New York 2007)
- Bell-Moran v. Pena (Appellate Division of the Supreme Court of New York 2022)
- Morace v. Commack N. Baseball Clubs, Inc. (Appellate Division of the Supreme Court of New York 2020)
- Abtey v. Trivigno (Appellate Division of the Supreme Court of New York 2020)
- Alotta v. Diaz (Appellate Division of the Supreme Court of New York 2015)
- Goldschmidt v. City of New York (Appellate Division of the Supreme Court of New York 2014)
- Cesar Ivan A. v. Lolita Child Day Care (Appellate Division of the Supreme Court of New York 2012)
- Cesar Ivan A. v. Lolita Child Day Care (Appellate Division of the Supreme Court of New York 2012)
- KOLODZIEJCZAK, CHRISTINE v. KOLODZIEJCZAK, RAYMOND (Appellate Division of the Supreme Court of New York 2011)
- Nyhus v. Valentino (Appellate Division of the Supreme Court of New York 2011)
- Kolodziejczak v. Kolodziejczak (Appellate Division of the Supreme Court of New York 2011)
- Arango v. Vasquez (Appellate Division of the Supreme Court of New York 2011)
- Atehortua v. Lewin (Appellate Division of the Supreme Court of New York 2011)
- Aquino v. Higgins (N.Y. 2010)
- Aquino v. Higgins (Appellate Division of the Supreme Court of New York 2009)
- Moncrief v. Rosenthal (Appellate Division of the Supreme Court of New York 2008)
- Brennan v. Sinski (Appellate Division of the Supreme Court of New York 2006)
- Lazar v. TJX Co. (Appellate Division of the Supreme Court of New York 2003)
- Goldstein v. Welter (Appellate Division of the Supreme Court of New York 2003)
- Jacobs v. Newton (Civil Court of the City of New York 2003)
This list shows which later cases cite this one. It does not say how they treated it, and no review of that has been done. Not a substitute for Shepard’s or KeyCite — verify before relying.
Opinion of the Court
In an action to recover damages for personal injuries, etc., the defendant Geraldine Mandel, doing business as M & F Stationary Store, appeals from an order of the Supreme Court, Nassau County (Alpert, J.), dated October 22, 2001, which denied her motion for summary judgment dismissing the complaint insofar as asserted against her.
Ordered that the order is affirmed, with costs.
A person, other than a parent, who undertakes to control, care for, or supervise an infant, is required to use reasonable care to protect the infant over whom he or she has assumed temporary custody or control. Such a person may be liable for any injury sustained by the infant which was proximately caused by his or her negligence. While a person caring for entrusted children is not cast in the role of an insurer, such an individual is obliged to provide adequate supervision and may be held liable for foreseeable injuries proximately resulting from the negligent failure to do so (see Zalak v Carroll, 15 NY2d 753, 754; Mary A. ZZ. v Blasen, 284 AD2d 773, 775; Singh v Persaud, 269 AD2d 381, 382). Upon our review of the record, we agree with the Supreme Court that there are issues of fact as to whether the appellant agreed to supervise the infant plaintiff, and, if so, whether the appellant provided adequate supervision under the circumstances. Altman, J.P., Feuerstein, Friedmann, Schmidt and Townes, JJ., concur.
Case-law data current through September 30, 2026. Source: CourtListener bulk data.