# Koulajian v. Smith

> Appellate Division of the Supreme Court of the State of New York · December 13, 2012 · 101 A.D.3d 498

URL: https://www.frixlaw.com/law-library/cases/5890544

## Case

- **Full name:** Arpi Koulajian v. Tamara Smith
- **Court:** Appellate Division of the Supreme Court of the State of New York
- **Decided:** December 13, 2012
- **Citations:** 101 A.D.3d 498; 954 N.Y.2d 871
- **Precedential status:** Published
- **Opinion:** Opinion of the court
- **Judges:** Saxe, Tom
- **Cited by:** 0 later opinions in the Frix Law Library

## Citator (automated)

- No negative treatment found by the automated citator. That is not the same as a confirmation that the case is good law; read the citing cases.
- Full citator and citing cases: https://www.frixlaw.com/law-library/cases/5890544

## Opinion text

*499 Contrary to plaintiffs contention, there is no evidence in the record to support her theory that either of defendants was pulling the suitcase that plaintiff tripped over. Although defendants assert that the child was in control of the suitcase, plaintiff insists that the child was not. Accordingly, she could not prove a claim for negligent supervision, as such a cause of action is dependent on an allegation that a child improvidently used or operated a dangerous instrument (see Rios v Smith, 95 NY2d 647, 652-653 [2001]). In light of this, the dissent’s argument concerning whether the suitcase was a dangerous instrument is wholly academic.
We have considered plaintiffs remaining contentions and find them unavailing. Concur — Mazzarelli, Catterson and BeGrasse, JJ.

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Source: Frix Law Library, https://www.frixlaw.com/law-library/cases/5890544. Public record. Not legal advice.