Kronengold v. Kronengold

I respectfully dissent.

The issue is whether the parent’s conduct in allegedly crossing against the red light constitutes nonactionable negligent supervision or actionable negligence because the parent breached a duty owed to the public at large. I find that the action is not maintainable because the parent’s conduct constitutes negligent supervision which is not a recognized tort in New York. (Holodook v Spencer, 36 NY2d 35.)

The child in Holodook (supra) was struck by a vehicle when he ran from between parked cars. The action based on negligent parental supervision was dismissed on the ground…