In Mattison v. Craig, 266 A.D.2d 797, a four year old foster child ran across the road to get the paper and was hit by a car. At the time of the accident, the foster family had more than the four foster children it was certified to have, and also was in violation of SSL 378(4) in that there were more than six children total living in the home. The Appellate Division ruled: "The foregoing testimony raises questions of fact concerning the level of supervision present at the time of the accident, whether any inadequacies were the result of the alleged violation of SSL 378 and if so, the extent to which such inadequacies caused or contributed to the accident." (Id., 799.) The denial of summary judgment was thus affirmed.