7 Cited authorities

  1. Nolechek v. Gesuale

    46 N.Y.2d 332 (N.Y. 1978)   Cited 171 times
    Finding that defendant property owners had a viable counterclaim against father who provided a motorcycle to his sixteen-year-old son, who was blind in one eye and vision-impaired in the other, on a theory of negligent entrustment of a dangerous instrument
  2. Rios v. Smith

    95 N.Y.2d 647 (N.Y. 2001)   Cited 62 times   1 Legal Analyses
    Finding that "a parent owes a duty to protect third parties from harm that is clearly foreseeable from the child's improvident use or operation of a dangerous instrument, where such use is found to be subject to the parent's control"
  3. Kulak v. Nationwide Ins. Co.

    40 N.Y.2d 140 (N.Y. 1976)   Cited 75 times
    In Kulak v Nationwide Mut. Ins. Co. (40 N.Y.2d 140, supra), the verdict in a "bad faith" case was reduced by the Appellate Division, Fourth Department, to the exact sum in excess of the policy limits as awarded by the jury in the underlying action with interest from the date of entry of the underlying judgment.
  4. Zarilla v. Pennachio

    90 A.D.3d 1040 (N.Y. App. Div. 2011)   Cited 2 times
    In Zarilla, the negligent entrustment claim was based on the assertion that the mother had provided her child with a dangerous instrument, when what she had provided was a toy apparently used generally by children of that age. The law that was applied was, therefore, that merely providing the child with a commonly used riding toy could not be said to, in and of itself, breach any duty owed to third parties.
  5. Santalucia v. County of Broome

    205 A.D.2d 969 (N.Y. App. Div. 1994)   Cited 12 times
    Holding that "'a parent owes a duty to third parties to shield them from an infant child's improvident use of a dangerous instrument, at least, if not especially, when the parent is aware of and capable of controlling its use'"
  6. Verni v. Johnson

    295 N.Y. 436 (N.Y. 1946)   Cited 31 times

    Argued April 16, 1946 Decided July 23, 1946 Appeal from the Supreme Court, Appellate Division, Second Department, WENZEL, J. Isidor Unger for appellant. Julius S. Christensen and James J. McLoughlin for respondent. DESMOND, J. The testimony here raised a question of fact as to defendant's negligence. The Trial Justice submitted to the jury that issue and an issue as to contributory negligence of plaintiff's intestate, an infant three years and two months old at the time of the accident. Plaintiff's

  7. Becker et al. v. Koch

    104 N.Y. 394 (N.Y. 1887)   Cited 89 times
    In Becker v. Koch, 104 N.Y. 394, 400, 401, the court said: "The general rule prohibiting the impeachment or discrediting of a witness by the party calling him was extended too far in this case.