DEROSA v. SMITH


286 A.D.2d 363 (2001)

729 N.Y.S.2d 191

DENISE DEROSA, Appellant, v. RUSSELL SMITH et al., Defendants, and PHYLLIS SMITH, Respondent.

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

Decided August 13, 2001.


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

The respondent demonstrated her prima facie entitlement to judgment as a matter of law. Generally, a parent is not liable for the torts of his or her child (see, Steinberg v Cauchois, 249 App Div 518). While a parent may be held liable where he or she "participates in the child's tortious act by consenting to it or by ratifying it later and accepting the fruits" (Steinberg v Cauchois...

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