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LoPiccolo v. Chelsea GCA Realty, Inc.

267 A.D.2d 149 Court N.Y. App. Div. Decision date 1999-12-21 English

Contents

Majority

p. 149
Victor LoPiccolo, an Infant, by His Mother and Natural Guardian, Lisa LoPiccolo, et al., Respondents, v Chelsea GCA Realty, Inc., Defendant, and Posa Posa Restaurant
p. 150
Corp., Appellant.
[699 NYS2d 867]

—Order, Supreme Court, New York County (Emily Goodman, J.), entered February 16, 1999, which, to the extent appealed from, granted plaintiffs motion to dismiss defendant-appellant’s counterclaim against the infant plaintiffs mother, plaintiff Lisa LoPiccolo, unanimously affirmed, without costs.

The motion court properly determined that defendant-appellant’s counterclaim, alleging that plaintiff mother’s negligence contributed to the infant plaintiffs harm, was predicated on a theory of negligent supervision and, as such, was nonactionable (see, LaTorre v Genesee Mgt., 90 NY2d 576 ). Concur — Sullivan, J. P., Rosenberger, Nardelli, Williams and Friedman, JJ.

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