FONTANEZ v. LIBRA 730 CO.


256 A.D.2d 125 (1998)

681 N.Y.S.2d 282

LISA M. FONTANEZ, an Infant, by Her Parent and Natural Guardian, LILLIAN FONTANEZ, et al., Respondents, v. LIBRA 730 CO. et al., Appellants.

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

Decided December 10, 1998.


The IAS Court correctly held that neither the parent's alleged violations of statutory provisions requiring tenants to keep their apartments "clean and sanitary" and to prevent Code violations (Administrative Code of City of NY § 27-2012 [a]; § 27-2013 [c]; § 27-2006; Multiple Dwelling Law § 80 [5]), nor her alleged failure to promptly obtain medical care for the child, falls outside the scope of the nonactionable tort of negligent parental supervision...

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