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HOLODOOK v. SPENCER

36 N.Y.2d 35 (1974)

John J. Holodook, Individually and as Parent and Natural Guardian of James J. Holodook, an Infant, Respondent, v. Cornelius Spencer, Defendant and Third-Party Plaintiff-Appellant. Sophia Holodook, Third-Party Defendant-Respondent. Michael S. Graney, an Infant, by Robert E. Heslin, His Guardian ad Litem, Appellant, v. John A. Graney, Jr., Respondent. John M. Ryan, an Infant, by Francis Ryan, His Parent, et al., Appellants, v. Timothy Fahey et al., Defendants, and Barbara L. Ryan, Respondent.

Court of Appeals of the State of New York.

Decided December 20, 1974.

Attorney(s) appearing for the Case

Dale M. Thuillez and Thomas A. Ford for defendant and third-party plaintiff-appellant in the first above-entitled action.

Myron Komar for respondent in the first above-entitled action.

Charles H. Carpenter for third-party defendant-respondent in the first above-entitled action.

Jerome K. Frost for appellant in the second above-entitled action.

Myron Komar for respondent in the second above-entitled action.

Richard N. Cosentino for appellants in the third above-entitled action.

Warner M. Bouck for respondent in the third above-entitled action.

Charles H. Lynch, Jr. for Timothy Fahey and another in the third above-entitled action.

Chief Judge BREITEL and Judges GABRIELLI, JONES and WACHTLER concur with Judge RABIN; Judge JASEN dissents and votes to reverse in a separate opinion in which Judge STEVENS concurs.

RABIN, J.

These three cases, which we consider together, present in varying contexts the issue whether a parent may be held liable for failure to adequately supervise an infant child. This fundamental question has not previously been resolved by this court because two procedural doctrines have prevented our direct consideration of the underlying substantive tort issue. The court-created intrafamilial immunity...

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