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LYNCH v. LYNCH

88 A.D.2d 972 (1982)

Jeffrey R. Lynch, an Infant, by His Mother and Natural Guardian, Sandra Lynch, et al., Appellants, v. Robert Lynch, Respondent, et al., Defendants

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

June 21, 1982

Order reversed, insofar as appealed from, on the law, with $50 costs and disbursements, and the aforesaid branch of the motion is denied.

Although Special Term was correct that paragraph 40 of plaintiffs' amended complaint alleging negligent supervision of the infant plaintiff by defendant Lynch is not actionable (see Holodook v Spencer, 36 N.Y.2d 35), paragraph 38, alleging that defendant Lynch's acts created the hazard...

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