Zalak v. Carroll

Memorandum: Defendants had undertaken to care for the four-year-old plaintiff during periods in which her mother worked. Although when the arrangement for the daily care of the child began defendants were compensated by the mother, no payments were being made at the time of infant plaintiff’s injury because of a prior reduction in the mother’s earnings. Even without compensation, when defendants undertook to control a young child and provide care for her, they became responsible for her injury through their negligence (Miller v. International Harvester Co., 193 App. Div. 258; Wallace v. Casey…