McCabe v. Dutchess County
Appellate Division of the Supreme Court of the State of New York
1Opinion of the Court
OPINION OF THE COURT
Lott, J.
In Holodook v Spencer (36 NY2d 35 [1974]), the Court of Appeals held that a child does not have a legally cognizable claim for damages against his parent for negligent supervision. One question presented to us in this appeal is whether a child may assert such a claim against his foster parent. We answer this question in the negative.
Factual and Procedural Background
After the infant plaintiff, Jacob A. Harris, was born in January 2004, toxicology tests revealed the presence of cocaine, opiates, marijuana, and methadone in his urine. The hospital contacted the…
2Cases cited23 opinions
- Alvarez v. Prospect HospitalNew York Court of Appeals · 1986
- Mirand v. City of New YorkNew York Court of Appeals · 1994
- Dole v. Dow Chemical Co.New York Court of Appeals · 1972
- In re Michael B.New York Court of Appeals · 1992
- Holodook v. SpencerNew York Court of Appeals · 1974
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3Cited by9 opinions
- Keizer v. SCO Family of ServicesAppellate Division of the Supreme Court of the State of New York · 2014
- Ih Ex Rel. Litz v. County of LehighCourt of Appeals for the Third Circuit · 2010
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- Adams v. Suffolk CountyAppellate Division of the Supreme Court of the State of New York · 2024
- A.J. v. State of New YorkAppellate Division of the Supreme Court of the State of New York · 2024
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