DAWES v. BALLARD


133 A.D.2d 662 (1987)

Myron M. Dawes et al., Appellants, v. David Ballard et al., Respondents

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

October 13, 1987


Ordered that the judgment is reversed, on the law, and a new trial is granted, with costs to abide the event.

The trial court correctly concluded that the plaintiffs failed to establish a prima facie case of negligent supervision. Under this theory of recovery, the plaintiffs alleged that the defendants were negligent in failing to control the conduct of their son on their property when they knew or should have known that his conduct was likely to injure a third party...

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