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EUNICE M. MORALES, an Infant, by Her Mother and Natural Guardian, MARTHA MEDRANO, et al., Respondents, v. FELICE PROPERTIES CORP. et al., Defendants, and STUART MORGAN et al., Appellants.

The IAS Court, in denying leave to amend, correctly determined that the proposed counterclaims were merely a disingenuous attempt to assert a negligent supervision claim against plaintiff natural guardian in contravention of well-settled New York law, which recognizes that a claim for negligent supervision of a child, however worded, is not a viable cause of action cognizable at law ( Holodook v Spencer, 36 N.Y.2d 35; Franklin v Krumanocker, 114 A.D.2d 611). Multiple Dwelling Law § 78 and Administrative Code of the City of New York § 27-2013 (h) (1) impose nondelegable duties upon defendants-appellants to keep their premises in good repair and to remove or cover lead paint therein ( Mas v Two Bridges Assocs., 75 N.Y.2d 680, 687; Juarez v Wavecrest Mgt. Team, 212 A.D.2d 38, 46).

Concur — Rosenberger, J.P., Rubin, Kupferman and Williams, JJ.

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MORALES v. FELICE PROPERTIES CORP
(Nov 9, 1995)