Majority
p. 956Bruce Beckman et al., as Parents and Natural Guardians of Jason N. Beckman, an Infant, Plaintiffs, v Henry Walters, Defendant and Third-Party Plaintiff-Respondent. Patricia Houston, Third-Party Defendant-Appellant.
Order
p. 957
unanimously 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.
Cases cited
- Broome v. Horton 83 Misc 2d 1002 p. 957
- Burlew v. American Mutual Insurance 99 AD2d 11 p. 957
- Burlew v. American Mutual Insurance 63 NY2d 412 p. 957