Wallace v. Pacelli

In Wallace v. Pacelli (221 AD2d 778 [3d Dept 1995]), the defendants were barred from asserting a counterclaim alleging that the parents of a deceased child were negligent for failing to prevent him from playing in a cul-de-sac near their home, as a result of which he was struck by defendants' car while chasing a ball. In that Court's view, defendants alleged "a breach of no duty, apart from that stemming from the family relationship" ( id., at 779).