Legal Opinion
Smith v. Sapienza
New York Court of Appeals
Decided January 15, 1981PublishedCited by 28 opinions
1Opinion of the Court
OPINION OF THE COURT
Chief Judge Cooke.
The question here, with far-reaching implications in this litigious and societally conscious era, is whether a four-year-old boy may recover against his 10-year-old sister for her negligent supervision of him. It is concluded, for a variety of reasons, that there exists no such cause of action —one for negligent supervision — between unemancipated minor siblings.
On May 4,1977,10-year-old Heather Smith, accompanied by her four-year-old brother Christian, went to deliver Girl Scout cookies to their neighbors, defendants Sapienza. While on defendants’…
2Cases cited8 opinions
- Dole v. Dow Chemical Co.New York Court of Appeals · 1972
- Rogers v. Dorchester AssociatesNew York Court of Appeals · 1973
- Holodook v. SpencerNew York Court of Appeals · 1974
- Nolechek v. GesualeNew York Court of Appeals · 1978
- Gelbman v. GelbmanNew York Court of Appeals · 1969
3 more not listed; retrieve them via the Exa API.
3Cited by28 opinions
- Garrett v. Holiday Inns, Inc.New York Court of Appeals · 1983
- Guzman v. Haven Plaza Housing Development Fund Co.New York Court of Appeals · 1987
- Schauer v. JoyceNew York Court of Appeals · 1981
- Trump Village Section 3, Inc. v. New York State Housing Finance AgencyAppellate Division of the Supreme Court of the State of New York · 2003
- Jakobleff v. Cerrato, Sweeney & CohnAppellate Division of the Supreme Court of the State of New York · 1983
23 more not listed; retrieve them via the Exa API.