
    Victor LoPiccolo, an Infant, by His Mother and Natural Guardian, Lisa LoPiccolo, et al., Respondents, v Chelsea GCA Realty, Inc., Defendant, and Posa Posa Restaurant Corp., Appellant.
    [699 NYS2d 867]
   —Order, Supreme Court, New York County (Emily Goodman, J.), entered February 16, 1999, which, to the extent appealed from, granted plaintiffs motion to dismiss defendant-appellant’s counterclaim against the infant plaintiffs mother, plaintiff Lisa LoPiccolo, unanimously affirmed, without costs.

The motion court properly determined that defendant-appellant’s counterclaim, alleging that plaintiff mother’s negligence contributed to the infant plaintiffs harm, was predicated on a theory of negligent supervision and, as such, was nonactionable (see, LaTorre v Genesee Mgt., 90 NY2d 576). Concur — Sullivan, J. P., Rosenberger, Nardelli, Williams and Friedman, JJ.  