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McCABE v. DUTCHESS COUNTY

2008-01359.

72 A.D.3d 145 (2010)

895 N.Y.S.2d 446

DANIEL J. McCABE, as Guardian ad Litem for JACOB A. HARRIS, Respondent, v. DUTCHESS COUNTY et al., Appellants.

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

Decided February 2, 2010.

Attorney(s) appearing for the Case

McCabe & Mack, LLP, Poughkeepsie ( Jodie M. Hanrahan of counsel), for Dutchess County and others, appellants.

Boeggeman, George & Corde, P.C., White Plains ( Daniel E. O'Neill of counsel), for Diane Sherwood, appellant.

Schwartz, Levine & Kaplan, PLLC, New York City ( Jeffrey A. Kaplan and Ross M. Levine of counsel), for respondent.

SKELOS, J.P., FISHER and LEVENTHAL, JJ., concur.

OPINION OF THE COURT

LOTT, J.

In Holodook v Spencer (36 N.Y.2d 35 [1974]), the Court of Appeals held that a child does not have a legally cognizable claim for damages against his parent for negligent supervision. One question presented to us in this appeal is whether a child may assert such a claim against his foster parent. We answer this question in the negative.

Factual and Procedural Background...

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