Burgess v. Cappola

—Order unanimously affirmed with costs. Memorandum: Plaintiffs commenced this action seeking damages for serious head injuries suffered by their infant son when he fell from a second-story window of their apartment to the concrete pavement 15 feet below. Defendants, the owners of the building or alleged agents of the owners, asserted as affirmative defenses that the negligence of plaintiffs caused their son’s accident.

Supreme Court properly granted plaintiffs’ motion to dismiss the affirmative defenses. Parents cannot be held liable to their children for the negligent failure to provide…