KOULAJIAN v. SMITH

8137, 100673/10.

101 A.D.3d 498 (2012)

954 N.Y.S.2d 871

2012 NY Slip Op 8643

ARPI KOULAJIAN, Appellant, v. TAMARA SMITH et al., Respondents.

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

December 13, 2012.


Contrary to plaintiff's contention, there is no evidence in the record to support her theory that either of defendants was pulling the suitcase that plaintiff tripped over. Although defendants assert that the child was in control of the suitcase, plaintiff insists that the child was not. Accordingly, she could not prove a claim for negligent supervision, as such a cause of action is dependent on an allegation that a child improvidently used or operated a dangerous instrument...

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