Opinion
October 26, 1995
Appeal from the Supreme Court, Bronx County (Anne Targum, J.).
In the absence of evidence that the parents had a duty with respect to the painting of their rented apartment ( see, Multiple Dwelling Law § 78; Administrative Code of City of N Y § 27-2013 [h]) or otherwise affirmatively created the condition giving rise to the injury ( see, Barocas v. Woolworth Co., 207 A.D.2d 145, 149), the allegations of the proposed counterclaims are insufficient to overcome the rule prohibiting claims based on negligent parental supervision ( Holodook v. Spencer, 36 N.Y.2d 35; compare, Alharb v. Sayegh, 199 A.D.2d 229).
Concur — Sullivan, J.P., Rosenberger, Asch and Nardelli, JJ.