Opinion
July 21, 1997
Appeal from the Supreme Court, Kings County (Golden, J.).
Ordered that the order is affirmed insofar as appealed from, with costs.
The defendant third-party plaintiff Brooklyn Union Gas Company has not alleged, and the record does not reveal, the type of affirmative conduct required of a parent to exclude this case from the general rule that mere negligent supervision of a child is not actionable (see, Nolechek v. Gesuale, 46 N.Y.2d 332; Holodook v. Spencer, 36 N.Y.2d 35; 2C Warren's New York Negligence § 80.02 [3] [a]; Young v. Greenberg, 181 A.D.2d 492; Grivas v. Grivas, 113 A.D.2d 264; Acquaviva v. Piazzola, 100 A.D.2d 502; Goedkoop v. Ward Pavement Corp., 51 A.D.2d 542; Morales v. Moss, 44 A.D.2d 687). Thus, the court properly dismissed the counterclaim asserted against the plaintiff father and the third-party complaint insofar as asserted against the mother.
In light of our determination, the appellant's contention that its motion to compel further discovery was improperly denied is academic.
Miller, J. P., Friedmann, Krausman and Florio, JJ., concur.