Bottillo v. Poette
New York Supreme Court
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
- Wagner v. International Railway Co.New York Court of Appeals · 1921
- Nolechek v. GesualeNew York Court of Appeals · 1978
- Eckert v. . the Long Island Railroad Co.New York Court of Appeals · 1871
- Provenzo v. SamNew York Court of Appeals · 1968
- Gibney v. . StateNew York Court of Appeals · 1893
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3Cited by1 opinion
- Bottillo v. PoetteAppellate Division of the Supreme Court of the State of New York · 1989