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DYNAS v. NAGOWSKI

307 A.D.2d 144 (2003)

762 N.Y.S.2d 745

WILLIAM DYNAS, Respondent, v. JOHN J. NAGOWSKI, Appellant, and SHAWN M. MURRAY, Respondent, et al., Defendant.

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

July 3, 2003.

Attorney(s) appearing for the Case

Chelus, Herdzik, Speyer, Monte & Pajak, P.C., Buffalo (Gregory V. Pajak of counsel), for appellant.

Lipsitz, Green, Fahringer, Roll, Salisbury & Cambria LLP, Buffalo (John A. Collins of counsel), for William Dynas, respondent.

Kenney, Kanaley, Shelton & Liptak, L.L.P., Buffalo (Jennifer L. Decker of counsel), for Shawn M. Murray, respondent.

PINE, J.P., SCUDDER, KEHOE and HAYES, JJ., concur.

OPINION OF THE COURT

HURLBUTT, J.

This case presents the issue, apparently one of first impression in New York, whether a parent who allegedly consented to the hosting of a party at his home by his adult children in his absence may be held liable, based on an alleged agency relationship between the parent and his children, for the negligent failure of the children to control the conduct of others at the...

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