Cox v. Cheaib

Order unanimously affirmed without costs. Memorandum: Plaintiffs’ *842son was burned by scalding water while being bathed by plaintiff Richard M. R. Cox, his father, in the apartment rented by plaintiffs. They commenced this action individually and on behalf of their son against defendants, the owners of the apartment.

Supreme Court properly denied plaintiffs’ motion to dismiss defendants’ fifth affirmative defense and counterclaim seeking indemnification from plaintiff father for his alleged culpable conduct. "[A] third party cannot seek contribution from a parent on the basis that a child’s…