New York Court of Appeals

John J. Holodook v. Cornelius…

December 20, 197436 N.Y.2d 35

Summary

The New York Court of Appeals affirmed the lower courts' dismissals, holding that a child has no cause of action against a parent for negligent supervision and that related Dole contribution claims therefore fail. The court based its decision on longstanding policy considerations, the limited statutory framework of section 3‑111 of the General Obligations Law, and the lack of a recognized tort of negligent supervision. Justice Jasen dissented, arguing that the parental duty to supervise should be enforceable as a tort.