New York Court of Appeals

Rose Badigian v. George Badigian

April 27, 19619 N.Y.2d 472

Summary

The New York Court of Appeals affirmed the dismissal of the mother's negligence suit, holding that an unemancipated minor cannot sue a parent for non‑willful personal injuries under the established family‑immunity rule. The court relied on prior decisions upholding that doctrine and declined to modify it. Justice Fuld dissented, arguing that the doctrine is outdated and should be abandoned.