Linder v. Bidner Sup. Ct. Of N.Y., Q. County,

50 Misc. 2d 320, 270 N.Y.S. 2d 427 (1966)

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Nature of the Case

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Facts

Bidner assaulted and injured Linder (P), a smaller child. Bidner was 18 and was in the habit of mauling, assaulting and mistreating smaller children. Binder's parents (D), knew or should have known about Bidner's conduct and did nothing to control it. D moved to dismiss the complaint for a failure to state a cause of action.