Opinion
October 24, 1995
Appeal from the Supreme Court, Bronx County (Jerry Crispino, J.).
We agree with the IAS Court that the proposed counterclaims were simply a disingenuous attempt to assert a negligent supervision claim against the plaintiff mother contrary to well-settled law ( Holodook v. Spencer, 36 N.Y.2d 35, 51). Inasmuch as Multiple Dwelling Law § 78 and Administrative Code of the City of New York § 27-2013 (h) impose nondelegable duties upon defendant to keep its premises in good repair and remove or cover lead paint therein, respectively, the IAS Court properly struck the affirmative defenses of culpable conduct and assumption of the risk.
Concur — Sullivan, J.P., Kupferman, Asch and Tom, JJ.