Patton v. Carnrike

MEMORANDUM and ORDER

MacMAHON, District Judge. *

Plaintiffs seek damages, pursuant to New York’s Dram Shop Act, 1 for injuries allegedly sustained by their decedent son in a single vehicle highway accident. Defendants have asserted an affirmative defense and counterclaim, alleging plaintiffs' failure to exercise proper parental supervision of their son’s conduct. Plaintiffs now move to strike this defense and counterclaim, arguing that lack of parental supervision was not cognizable as a defense or as a counterclaim under the applicable law of New York. Defendants contend, however, that…