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Hoppe v. Hoppe

Appellate Division of the Supreme Court of New York, Second Department
Mar 26, 2001
281 A.D.2d 595 (N.Y. App. Div. 2001)

Summary

permitting suit by infant plaintiff against his father premised on plaintiffs injuries when he struck an explosive nail gun cartridge with a hammer entrusted to him by his father

Summary of this case from Santoro v. Donnelly

Opinion

Submitted February 7, 2001.

March 26, 2001.

In an action to recover damages for personal injuries, etc., the defendant appeals from an order of the Supreme Court, Suffolk County (Molia, J.), dated June 5, 2000, which denied his motion for summary judgment dismissing the complaint.

Kelly, Rode Kelly, LLP, Mineola, N.Y. (George J. Wilson of counsel), for appellant.

Shayne, Dachs, Stanisci, Corker Sauer, Mineola, N.Y. (Jonathan A. Dachs of counsel), for respondents.

Before: LAWRENCE J. BRACKEN, P.J., SONDRA MILLER, LEO F. McGINITY, ROBERT W. SCHMIDT, JJ.


DECISION ORDER

ORDERED that the order is affirmed, with costs.

The infant plaintiff was entrusted by his father, the defendant herein, with a hammer and a container of nails which contained an "explosive nail gun cartridge". He was injured when he struck the cartridge with the hammer, causing the cartridge to explode. Contrary to the defendant's contentions, the Supreme Court correctly denied his motion for summary judgment dismissing the complaint. While a child may not sue a parent for negligent supervision (see, Holodook v. Spencer, 36 N.Y.2d 35), the infant plaintiff possesses a cognizable claim that his injuries were proximately caused by the defendant's alleged breach of a duty of care owed to the world at large, one that exists outside of, and apart from, a family relationship (see, Leek v. McGlone, 140 A.D.2d 413; Semmens v. Hopper, 128 A.D.2d 767; Grivas v. Grivas, 113 A.D.2d 264; Hurst v. Titus, 77 A.D.2d 157; Goedkoop v. Ward Pavement Corp., 51 A.D.2d 542). "The duty not to negligently maintain explosives is a duty owed to all and is not simply a duty emanating from the parent-child relationship" (Goedkoop v. Ward Pavement Corp., supra, at 543).


Summaries of

Hoppe v. Hoppe

Appellate Division of the Supreme Court of New York, Second Department
Mar 26, 2001
281 A.D.2d 595 (N.Y. App. Div. 2001)

permitting suit by infant plaintiff against his father premised on plaintiffs injuries when he struck an explosive nail gun cartridge with a hammer entrusted to him by his father

Summary of this case from Santoro v. Donnelly
Case details for

Hoppe v. Hoppe

Case Details

Full title:HARRY HOPPE IV, ETC., ET AL., RESPONDENTS, v. HARRY HOPPE III, ETC.…

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

Date published: Mar 26, 2001

Citations

281 A.D.2d 595 (N.Y. App. Div. 2001)
724 N.Y.S.2d 65

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Santoro v. Donnelly

See, e.g., Barocas, 622 N.Y.S.2d at 7.Ruffing, 720 N.Y.S.2d at 332; see also Hoppe v. Hoppe, 724 N.Y.S.2d 65,…

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