New York Court of Appeals

Walter L. Nolechek v. Thomas Gesuale…

December 27, 197846 N.Y.2d 332

Summary

The Court reinstated the defendants' counterclaim alleging the father negligently entrusted his vision‑impaired son with a motorcycle, finding a duty to third parties when a parent provides a dangerous instrument, and affirmed the dismissal of the plaintiff's third‑party claim against the Neimans. The decision was contested in a dissent and two concurrences.