98 A.D.2d 815 | N.Y. App. Div. | 1983
Lead Opinion
— In a negligence action, inter alia, to recover damages for personal injuries, plaintiffs appeal from an order of the Supreme Court, Westchester County (Gurahian, J.), dated September 29,1981, which granted defendant’s motion for summary judgment pursuant to CPLR 3212 and dismissed the complaint. Order affirmed, without costs or disbursements. The infant plaintiff was injured when the defendant parent turned on a hot water faucet in a tub to prepare a bath and then left the room. The child, left unsupervised, wandered into the bathroom and fell into or otherwise entered the tub, suffering severe burns. The complaint was properly dismissed. The proximate cause of the injury was the negligent supervision of the infant (Nolechek v Gesuale, 46 NY2d 332; Holodook v Spencer, 36 NY2d 35). The
Dissenting Opinion
dissents and votes to reverse the order appealed from, and deny the defendant’s motion for summary judgment, with the following memorandum. According to defendant’s examination before trial, on October 31, 1975,