PASSE v. HOLIDAY INNS, INC.


248 A.D.2d 982 (1998)

670 N.Y.S.2d 272

William F. Passe, Appellant, v. Holiday Inns, Inc., et al., Defendants, and James Murphy, Respondent

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

March 13, 1998


Order insofar as appealed from unanimously reversed on the law with costs, motion denied and third, fourth and fifth causes of action reinstated.

Memorandum:

Supreme Court erred in concluding as a matter of law that the hard rubber "super ball" thrown by eight-year-old defendant Casey Murphy was not a dangerous instrument and that therefore defendant James Murphy, Casey's father, could not be held liable for negligence. Although a parent generally is not liable...

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