McGILL v. McGILL

Order unanimously reversed on the law without costs and motion granted. Memorandum: Defendant parent contends that it was error for Special Term to deny his motion for summary judgment because the infant plaintiff's complaint alleged only negligent supervision (see, Holodook v. Spencer, 36 N.Y.2d 35). We agree. The infant plaintiff was injured when his father left him alone in codefendants' living room. While unsupervised, the child was attacked and bitten by codefendants' dog, sustaining serious facial lacerations. Because the crux of the parent's culpability was negligent supervision, his motion for summary judgment must be granted (see, Wilson v. Sears, Roebuck Co., 126 A.D.2d 954; Zikely v. Zikely, 98 A.D.2d 815, affd 62 N.Y.2d 907).