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FRIEDLANDER v. DOHERTY ENTERPRISES, INC.

2009-02137.

71 A.D.3d 823 (2010)

895 N.Y.S.2d 846

TYLER FRIEDLANDER et al., Respondents, v. DOHERTY ENTERPRISES, INC., Doing Business as APPLEBEE'S NEIGHBORHOOD BAR and GRILL, Appellant.

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

Decided March 16, 2010.

Ordered that the order is affirmed, with costs.

The plaintiffs established their prima facie entitlement to judgment as a matter of law dismissing the defendant's counterclaim by demonstrating that the acts complained of did not implicate a duty owed to the world at large, but merely involved a claim that the infant plaintiff was negligently supervised by his parent, a nonactionable tort (see Rios v Smith, 

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