Passe v. Holiday Inns, Inc.

—Order insofar as appealed from unanimously reversed on the law with costs, motion denied and third, fourth and fifth causes of action reinstated. Memorandum: Supreme Court erred in concluding as a matter of law that the hard rubber “super ball” thrown by eight-year-old defendant Casey Murphy was not a dangerous instrument and that therefore defendant James Murphy, Casey’s father, could not be held liable for negligence. Although a parent generally is not liable for the negligent supervision of his child (see, Holodook v Spencer, 36 NY2d 35; Santalucia v County of Broome, 205 AD2d 969, 970,…