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DeRIDER v. LA HAINES

168 A.D.2d 1005 (1990)

Charles Derider, Individually and as Father and Natural Guardian of David A. Derider, an Infant, Respondent, v. William E. Haines, Jr., Appellant

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

December 21, 1990

Order unanimously affirmed with costs.

Memorandum:

The court properly denied defendant's motion to amend the answer to assert a counterclaim for contribution against the father of the infant plaintiff. The undisputed facts submitted on the motion to amend show that defendant's cause of action against the father, based on negligent supervision of the infant plaintiff, lacks merit (see, Holodook v Spencer, 36 N.Y.2d 35

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