Legal Opinion

Holodook v. Spencer

New York Court of Appeals

Decided December 20, 1974PublishedCited by 205 opinions

1Opinion of the CourtRabin, J.

These three cases, which we consider together, present in varying contexts the issue whether a parent may be held liable for failure to adequately supervise an infant child. This fundamental question has not previously been resolved by this court because two procedural doctrines have prevented our direct consideration of the underlying substantive tort issue. The court-created intrafamilial immunity doctrine prevented our reaching the question in situations where the injured child sued his parent directly. Where the child sued a third party *40for negligence, the defendant was barred by statute1…

2Cases cited16 opinions

  1. Goller v. WhiteWisconsin Supreme Court · 1963
  2. Gibson v. GibsonCalifornia Supreme Court · 1971
  3. Hartfield v. RoperNew York Supreme Court · 1839
  4. Silesky Ex Rel. Silesky v. KelmanSupreme Court of Minnesota · 1968
  5. Petersen Ex Rel. Petersen v. City & County of HonoluluHawaii Supreme Court · 1970

11 more not listed; retrieve them via the Exa API.

3Cited by205 opinions

  1. Garrett v. Holiday Inns, Inc.New York Court of Appeals · 1983
  2. Guzman v. Haven Plaza Housing Development Fund Co.New York Court of Appeals · 1987
  3. Dubay v. IrishSupreme Court of Connecticut · 1988
  4. Cates v. CatesIllinois Supreme Court · 1993
  5. Nolechek v. GesualeNew York Court of Appeals · 1978

200 more not listed; retrieve them via the Exa API.

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