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NIEVES v. 1097 WALTON REALTY CO.

220 A.D.2d 329 (1995)

633 N.Y.S.2d 115

Jonathan Nieves, an Infant, by His Mother and Natural Guardian, Ramona Morel, et al., Respondents, v. 1097 Walton Realty Co., Also Known as 1097-99 Walton Realty Co. or 1099 Walton Realty, Appellant, and National Management Consultants, Inc., et al., Respondents

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

October 24, 1995

We agree with the IAS Court that the proposed counterclaims were simply a disingenuous attempt to assert a negligent supervision claim against the plaintiff mother contrary to well-settled law (Holodook v Spencer, 36 N.Y.2d 35, 51). Inasmuch as Multiple Dwelling Law § 78 and Administrative Code of the City of New York § 27-2013 (h) impose nondelegable duties upon defendant to keep its premises in good repair and remove...

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