BROOME v. HORTON

Order unanimously affirmed, with costs. Memorandum: This action is before us for the second time (see Broome v Horton, 47 A.D.2d 808). The third-party plaintiffs have repleaded their cause of action to allege that the third-party defendants are the infant plaintiff's grandparents, that at the time of the accident the infant was under the care and control of the grandparents and that they were responsible for his welfare. The order denying the motion to dismiss the amended third-party complaint is affirmed for the reasons stated in the decision at Special Term, Smith, J. (see 83 Misc.2d 1002; see, also, Barrera v General Elec. Co., 84 Misc.2d 901).