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RYAN v. FAHEY

43 A.D.2d 429 (1974)

John M. Ryan, an Infant, by Francis Ryan, His Parent, et al., Respondents, v. Timothy Fahey et al., Respondents, and Barbara L. Ryan, Appellant

Appellate Division of the Supreme Court of the State of New York, Fourth Department.

February 22, 1974.

Attorney(s) appearing for the Case

Bouck, Holloway & Kiernan (Francis J. Holloway of counsel), for appellant.

Boyle, Lipski & McLane (P. Alex Lipski of counsel), for Timothy Fahey and another, respondents.

Richard N. Cosentino for John M. Ryan and another, respondents.

DEL VECCHIO, J. P., MARSH, WITMER and SIMONS, JJ., concur.

MOULE, J.

The question we are here called upon to decide is whether a non sui juris child, injured while at play, can bring a lawsuit against his mother for failing to properly supervise his activities. In so doing, we must determine whether such an action was within the contemplation of the Court of Appeals in Gelbman v. Gelbman (23 N.Y.2d 434) when it abolished...

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