Leek v. McGlone

In Leek v. McGlone (140 AD2d 413 [2d Dept 1988]) a child was injured after she was provided with a minibike with defective brakes. As determined by the reviewing Court, "only this allegation premises liability upon an alleged breach of duty to the world-at-large based on the defective nature of the minibike itself rather than upon the breach of a duty which arises solely from the familial relationship of the parties" ( id., at 413-414).