LAFIA v. BALDWIN SUMMER PROGRAM ASSOCIATION, INC.

2009-04758.

77 A.D.3d 711 (2010)

908 N.Y.S.2d 609

CHRISTOPHER LAFIA, an Infant by his Mother and Natural Guardian, SHARON E. LAFIA, et al., Plaintiffs, v. BALDWIN SUMMER PROGRAM ASSOCIATION, INC., Defendant, and KID'S PARTY SOURCE, INC., Doing Business as 100% FUN, Defendant/Third-Party Plaintiff-Appellant. ANTHONY LAFIA, Third-Party Defendant-Respondent.

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

Decided October 12, 2010.


Ordered that the order is affirmed insofar as appealed from, without costs or disbursements.

The third-party defendant, the father of the infant plaintiff (hereinafter the father), established his prima facie entitlement to judgment as a matter of law dismissing the third-party complaint by demonstrating that the acts complained of did not implicate a duty he owed to the world at large. Rather, those acts only gave rise...

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