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Victor LoPiccolo, an Infant, by His Mother and Natural Guardian, Lisa LoPiccolo, et al., Respondents, v. Chelsea GCA Realty, Inc., Defendant, and Posa Posa Restaurant Corp., Appellant

New York Supreme Court, Appellate Division1999-12-21
267 A.D.2d 149699 N.Y.S.2d 867

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Opinion

majority opinion

—Order, Supreme Court, New York County (Emily Goodman, J.), entered February 16, 1999, which, to the extent appealed from, granted plaintiffs motion to dismiss defendant-appellant’s counterclaim against the infant plaintiffs mother, plaintiff Lisa LoPiccolo, unanimously affirmed, without costs.

The motion court properly determined that defendant-appellant’s counterclaim, alleging that plaintiff mother’s negligence contributed to the infant plaintiffs harm, was predicated on a theory of negligent supervision and, as such, was nonactionable (see, LaTorre v Genesee Mgt., 90 NY2d 576). Concur — Sullivan, J. P., Rosenberger, Nardelli, Williams and Friedman, JJ.