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SIMMONS v. SACCHETTI

61 A.D.3d 492 (2009)

875 N.Y.S.2d 892

SAPPHIRE SIMMONS et al., Appellants, v. VITO SACCHETTI et al., Respondents, et al., Defendants.

Appellate Division of the Supreme Court of New York, First Department.

Decided April 14, 2009.

Plaintiffs seek damages for injuries sustained by the infant plaintiff after she wandered into the bathroom and entered the tub, which was filling with scalding water. As the counterclaims brought by the building owner and management company are based on the mother's negligent supervision of the infant, they do not state a cause of action (see Muñoz v Mael Equities, 286 A.D.2d 213, 213-214 [2001]; Deshler v East W. Renovators...

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