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BALLARD v. MOUZON

266 A.D.2d 490 (1999)

698 N.Y.S.2d 910

JALEESA BALLARD et al., Respondents, v. DANIEL MOUZON, Appellant.

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

Decided November 29, 1999.

Ordered that the order is affirmed insofar as appealed from, with costs.

The court properly granted that branch of the plaintiff's cross motion which was to dismiss the first and fifth affirmative defenses and the counterclaim because mere negligent supervision of a child is not actionable (see, Holodook v Spencer, 36 N.Y.2d 35; Navaro v Ieraci, 214 A.D.2d 713).

The proposed...

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