Legal Opinion
Broome v. Horton
New York Supreme Court
Decided September 18, 1975PublishedCited by 7 opinions
1Opinion of the CourtLyman H. Smith, J.
Does the recent decision of the Court of Appeals (Holodook v Spencer, 36 NY2d 35), precluding tort claims against parents of a non sui juris child for alleged negligent supervision, immunize the child’s grandparents from such claims when they are exercising temporary custody and control of the infant?
This court answers the question in the negative. The rationale of Holodook will not apply, with equal force, to protect grandparents from claims of inadequate supervision of their grandchildren. Third-party defendants’ motion to dismiss the second amended third-party complaint for failure to…
2Cases cited10 opinions
- Dole v. Dow Chemical Co.New York Court of Appeals · 1972
- Holodook v. SpencerNew York Court of Appeals · 1974
- Gelbman v. GelbmanNew York Court of Appeals · 1969
- Kelly v. Long Island Lighting Co.New York Court of Appeals · 1972
- Spaulding v. MineahNew York Court of Appeals · 1934
5 more not listed; retrieve them via the Exa API.
3Cited by7 opinions
- Bartels v. County of WestchesterAppellate Division of the Supreme Court of the State of New York · 1980
- McCabe v. Dutchess CountyAppellate Division of the Supreme Court of the State of New York · 2010
- Adolph E. v. Lori M.Appellate Division of the Supreme Court of the State of New York · 1990
- Broome v. HortonAppellate Division of the Supreme Court of the State of New York · 1976
- Hadden v. Kero-Sun, Inc.Appellate Division of the Supreme Court of the State of New York · 1993
2 more not listed; retrieve them via the Exa API.