August 18, 2011

Third-party conduct.

Practice point: As a general rule, a defendant has no duty to control the conduct of third-parties.

Student note: There is no bright-line rule in New York as to whether a mental health care provider treating a patient on a voluntary basis owes a duty of care to the general public.

Case: Fox v. Marshall, NY Slip Op 06214 (2d Dept. 2011).

Here is the decision.

Listen here.

Tomorrow’s issue: Notice of claim.