Miller v. Cross

This is another one of the legion of questions raised at the Special Term and trial level by Dole v. Dow Chem. Co. (30 N Y 2d 143) but as yet not definitively answered by the appellate courts.

Plaintiff has moved to dismiss defendant’s counterclaim for indemnification asserted against the plaintiff parent of the seven year, eight-month-old infant plaintiff who was injured while playing on a public street. The counterclaim is alleged in one broad sweeping allegation that there was lack of parental supervision and instruction.

If a child is alleged to have been four years old or below at the time…