Legal Opinion

Epstein v. Epstein

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

Decided April 6, 1954PublishedCited by 6 opinions

1Per curiam

The general rule, which is the rule in this State repeatedly enforced by our Court of Appeals, that an unemancipated minor child has no right of action against his parents for nonwillful injuries caused by their acts, requires reversal of the order appealed from and dismissal of the complaint *856(Cannon v. Cannon, 287 N. Y. 425, 428, 429; Sorrentino v. Sorrentino, 248 N. Y. 626, 627). In the absence of statute or decision of our Court of Appeals limiting the general rule, an action for personal injuries resulting from negligence may not be maintained against a parent by an unemaneipated minor…

2Cases cited2 opinions

  1. Cannon v. CannonNew York Court of Appeals · 1942
  2. Sorrentino v. SorrentinoNew York Court of Appeals · 1928

3Cited by6 opinions

  1. Parks v. ParksSupreme Court of Pennsylvania · 1957
  2. Rutkowski v. WaskoAppellate Division of the Supreme Court of the State of New York · 1955
  3. Reynolds v. MaramoroschNew York Supreme Court · 1955
  4. Siembab v. SiembabAppellate Division of the Supreme Court of the State of New York · 1954
  5. Decker v. DeckerNew York Supreme Court · 1959

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