PUPPO v. SPANO

Ordered that the order is affirmed, with costs.

The motion for summary judgment was properly' denied since the record shows the existence of factual questions as to whether or not the homeowner was negligent in supervising the party that took place at his home ( see, D'Amico v. Christie, 71 N.Y.2d 76, 85; Lane v. Barker, 241 A.D.2d 739; Comeau v. Lucas, 90 A.D.2d 674). The appellant's remaining contention, that there is no liability under General Obligations Law § 11-100, is academic as there is no claim of liability thereunder.

Thompson, J. P., Sullivan, Florio and McGinity, JJ., concur.