Weeks v. Sabo

Appellate Division of the Supreme Court of New York

Weeks v. Sabo

281 A.D.2d 413, 721 N.Y.S.2d 290, 2001 N.Y. App. Div. LEXIS 2068

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

DecidedMarch 5, 2001

StatusPublished

This text of 281 A.D.2d 413 (Weeks v. Sabo) 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

Weeks v. Sabo, 281 A.D.2d 413, 721 N.Y.S.2d 290, 2001 N.Y. App. Div. LEXIS 2068 (N.Y. Ct. App. 2001).

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Opinion

—In an action to recover damages for personal injuries, the plaintiffs appeal, as limited by their brief, from so much of an order of the Supreme Court, Suffolk County (Hall, J.), dated April 5, 2000, as granted the motion of the defendants Cynthia Sabo and Alexander Sabo for summary judgment dismissing the complaint insofar as asserted against them.

Ordered that the order is affirmed insofar as appealed from, with costs.

The Supreme Court properly granted the motion of the respondents, Cynthia Sabo and Alexander Sabo, for summary judgment dismissing the complaint insofar as asserted against [414]*414them. Generally, parents are not liable for the torts committed by their children. A parent may be liable where “the parent’s negligence consists entirely of his [or her] failure reasonably to restrain the child from vicious conduct imperiling others, when the parent has knowledge of the child’s propensity toward such conduct” (Steinberg v Cauchois, 249 App Div 518, 519). The evidence did not establish a propensity on the part of the respondents’ son to commit vicious acts. Friedmann, J. P., Florio, Luciano and Feuerstein, JJ., concur.

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—In an action to recover damages for personal injuries, the plaintiffs appeal, as limited by their brief, from so much of an order of the Supreme Court, Suffolk County (Hall, J.), dated April 5, 2000, as granted the motion of the defendants Cynthia Sabo and Alexander Sabo for summary judgment dismissing the complaint insofar as asserted against them.

Ordered that the order is affirmed insofar as appealed from, with costs.

The Supreme Court properly granted the motion of the respondents, Cynthia Sabo and Alexander Sabo, for summary judgment dismissing the complaint insofar as asserted against [414]*414them. Generally, parents are not liable for the torts committed by their children. A parent may be liable where “the parent’s negligence consists entirely of his [or her] failure reasonably to restrain the child from vicious conduct imperiling others, when the parent has knowledge of the child’s propensity toward such conduct” (Steinberg v Cauchois, 249 App Div 518, 519). The evidence did not establish a propensity on the part of the respondents’ son to commit vicious acts. Friedmann, J. P., Florio, Luciano and Feuerstein, JJ., concur.

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Bluebook (online)

281 A.D.2d 413, 721 N.Y.S.2d 290, 2001 N.Y. App. Div. LEXIS 2068, Counsel Stack Legal Research, https://law.counselstack.com/opinion/weeks-v-sabo-nyappdiv-2001.

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