Beckman v. Walters
This text of 115 A.D.2d 956 (Beckman v. Walters) is published on Counsel Stack Legal Research, covering Appellate Division of the Supreme Court of the State of New York primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.
Opinion
Order [957]*957unanimously affirmed, with costs. Memorandum: In alleging that third-party defendant assumed control and supervision of the infant plaintiff and was negligent in failing to supervise the infant plaintiff, third-party plaintiff has stated a cause of action for negligent supervision (see, Broome v Horton, 83 Misc 2d 1002, affd 53 AD2d 1030). On a motion to dismiss for failure to state a cause of action, the factual allegations of the third-party complaint must be taken as true (Burlew v American Mut. Ins. Co., 99 AD2d 11, affd 63 NY2d 412). (Appeal from order of Supreme Court, Onondaga County, Aloi, J.— summary judgment.) Present—Dillon, P. J., Hancock, Jr., Callahan, Pine and Schnepp, JJ.
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Cite This Page — Counsel Stack
115 A.D.2d 956, 497 N.Y.S.2d 531, 1985 N.Y. App. Div. LEXIS 55320, Counsel Stack Legal Research, https://law.counselstack.com/opinion/beckman-v-walters-nyappdiv-1985.