Holodook v. Spencer

Before Dole v. Dow Chem. Co. (30 N Y 2d 143) and Kelly v. Long Is. Light. Co. (31 N Y 2d 25) the issue herein would have been considered to be so academic that it would not have engaged the attention of either the attorneys or the court.

A four-year-old boy darts ¡between.two parked cars and is struck by the defendant and sustains personal injuries. The *182boy and bis father sue the defendant both for personal injuries and for the father’s derivative losses. The defendant answers and counterclaims against the father and brings a third-party action against the boy’s mother demanding, in each suit,…