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BROOME v. HORTON

83 Misc.2d 1002 (1975)

Shawn Broome, an Infant, by Lois Broome, His Parent and Legal Guardian, et al., Plaintiffs, v. Cecil Horton et al., Defendants and Third-Party Plaintiffs. Lytle Lindstrom et al., Third-Party Defendants.

Supreme Court, Yates County.

September 18, 1975

Attorney(s) appearing for the Case

Bond, McDonald & Toole for defendants and third-party plaintiffs. Taylor & Taylor for third-party defendants.

LYMAN H. SMITH, J.

Does the recent decision of the Court of Appeals (Holodook v Spencer, 36 N.Y.2d 35), precluding tort claims against parents of a non sui juris child for alleged negligent supervision, immunize the child's grandparents from such claims when they are exercising temporary custody and control of the infant?

This court answers the question...

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