Fontanez v. Libra 730 Co.

Appellate Division of the Supreme Court of New York

Fontanez v. Libra 730 Co.

256 A.D.2d 125, 681 N.Y.S.2d 282, 1998 N.Y. App. Div. LEXIS 13278

CourtAppellate Division of the Supreme Court of the State of New York

DecidedDecember 10, 1998

StatusPublished

Cited by2 cases

This text of 256 A.D.2d 125 (Fontanez v. Libra 730 Co.) 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.

Bluebook

Fontanez v. Libra 730 Co., 256 A.D.2d 125, 681 N.Y.S.2d 282, 1998 N.Y. App. Div. LEXIS 13278 (N.Y. Ct. App. 1998).

Pincite

Opinion

—Order, Supreme Court, Bronx County (Luis Gonzalez, J.), entered on or about January 23, 1996, which, in an action to recover for personal injuries caused by lead poisoning, granted plaintiff parent’s motion to dismiss defendants’ counterclaim alleging that any injuries sustained by plaintiff infant were caused or exacerbated by the parent’s negligence, unanimously affirmed, without costs.

The IAS Court correctly held that neither the parent’s alleged violations of statutory provisions requiring tenants to keep their apartments “clean and sanitary” and to prevent Code violations (Administrative Code of City of NY § 27-2012 [a]; § 27-2013 [c]; § 27-2006; Multiple Dwelling Law § 80 [5]), nor her alleged failure to promptly obtain medical care for the child, falls outside the scope of the nonactionable tort of negligent parental supervision (see, Holodook v Spencer, 36 NY2d 35). We decline to follow the dictum in Arriaga v Laub Co. (233 AD2d 244). Concur — Sullivan, J. P., Milonas, Wallach, Williams and Mazzarelli, JJ.

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—Order, Supreme Court, Bronx County (Luis Gonzalez, J.), entered on or about January 23, 1996, which, in an action to recover for personal injuries caused by lead poisoning, granted plaintiff parent’s motion to dismiss defendants’ counterclaim alleging that any injuries sustained by plaintiff infant were caused or exacerbated by the parent’s negligence, unanimously affirmed, without costs.

The IAS Court correctly held that neither the parent’s alleged violations of statutory provisions requiring tenants to keep their apartments “clean and sanitary” and to prevent Code violations (Administrative Code of City of NY § 27-2012 [a]; § 27-2013 [c]; § 27-2006; Multiple Dwelling Law § 80 [5]), nor her alleged failure to promptly obtain medical care for the child, falls outside the scope of the nonactionable tort of negligent parental supervision (see, Holodook v Spencer, 36 NY2d 35). We decline to follow the dictum in Arriaga v Laub Co. (233 AD2d 244). Concur — Sullivan, J. P., Milonas, Wallach, Williams and Mazzarelli, JJ.

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Bluebook (online)

256 A.D.2d 125, 681 N.Y.S.2d 282, 1998 N.Y. App. Div. LEXIS 13278, Counsel Stack Legal Research, https://law.counselstack.com/opinion/fontanez-v-libra-730-co-nyappdiv-1998.

Opinion

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