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LANGERMAN v. LANGERMAN

278 A.D. 933 (1951)

Diane F. Langerman et al., by Their Guardian ad Litem, Lenore Langerman, Appellants, v. Nathaniel Langerman, Respondent

Appellate Division of the Supreme Court of the State of New York, First Department.

June 20, 1951.

Order affirmed, without costs.

No opinion.

Van Voorhis, J., concurs to affirm in the following memo:

Regardless of any other question, this action is not maintainable in the right of the infant plaintiffs by their guardian ad litem, at least in the absence of a demand upon the mother, having their custody, and a refusal upon her part to institute the action for their benefit (Kendall v. Kendall, 200 App. Div. 702; Yates v. Yates...

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