Legal Opinion

Bottillo v. Poette

New York Supreme Court

Decided February 24, 1988PublishedCited by 1 opinion

1Opinion of the Court

OPINION OF THE COURT

Daniel H. Prior, Jr., J.

The parties move and cross-move for summary judgment on the issue of liability. The first part of defendant’s motion is that plaintiff has failed to allege a recognizable cause of action.

The claim is alleged as follows: defendant parent negligently *888entrusted a dangerous instrument (a gas grill) to her minor son (14 years of age), in the immediate presence of herself and a third party (plaintiffs), resulting in improvident use and in an imminently imperiling situation requiring an emergency rescue of the minor from grave harm and that the plaintiff…

2Cases cited12 opinions

  1. Wagner v. International Railway Co.New York Court of Appeals · 1921
  2. Nolechek v. GesualeNew York Court of Appeals · 1978
  3. Eckert v. . the Long Island Railroad Co.New York Court of Appeals · 1871
  4. Provenzo v. SamNew York Court of Appeals · 1968
  5. Gibney v. . StateNew York Court of Appeals · 1893

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3Cited by1 opinion

  1. Bottillo v. PoetteAppellate Division of the Supreme Court of the State of New York · 1989

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