Koulajian v. Smith

Tom, J.P, and Saxe, J.,

dissent in a memorandum by Saxe, J., as follows: I agree with the majority that plaintiff has not presented any evidence from which it could be found that one of the defendant parents, rather than their two year old, was handling the suitcase that caused plaintiffs fall. However, I disagree with the dismissal of the claim of negligence against the parents. In particular, I disagree with the motion court’s implicit conclusion that entrusting a two year old with a medium-sized, wheeled suitcase on a Manhattan sidewalk does not, as a matter of law, create a dangerous…