Legal Opinion
Pfenning v. Agri Business Brokerage Corp.
Appellate Division of the Supreme Court of the State of New York
Decided November 10, 1986PublishedCited by 4 opinions
1Opinion of the Court
A parent owes a duty to a third person for negligent entrustment of a dangerous instrument to his child when he is aware of and capable of controlling the instrument’s use (Nolechek v Gesuale, 46 NY2d 332, 338; Alessi v Alessi, 103 AD2d 1023). Defendant James Vigrass was neither aware of nor capable of controlling the use of the motorcycle. He was not in the barn when the motorcycle was being used and the motorcycle did not belong to him or to his son, but was owned *1014by William Perry. Thus, Special Term properly granted summary judgment in favor of defendant James Vigrass.
The motion of…
2Cases cited5 opinions
- Connell v. HaydenAppellate Division of the Supreme Court of the State of New York · 1981
- Nolechek v. GesualeNew York Court of Appeals · 1978
- Brock v. BuaAppellate Division of the Supreme Court of the State of New York · 1981
- Steinberg v. CauchoisAppellate Division of the Supreme Court of the State of New York · 1937
- Alessi v. AlessiAppellate Division of the Supreme Court of the State of New York · 1984
3Cited by4 opinions
- Mimoun v. BartlettAppellate Division of the Supreme Court of the State of New York · 1990
- Korren v. Eli Lilly & Co.New York Supreme Court · 1990
- Goldhirsch v. Majewski by MajewskiDistrict Court, S.D. New York · 2000
- Fraccola v. City of Utica Board of Water SupplyAppellate Division of the Supreme Court of the State of New York · 1988