FITE v. MILLER


280 A.D. 12 (1952)

Helen Fite, Respondent, v. John Miller, Appellant

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

March 19, 1952.


Attorney(s) appearing for the Case

Jay T. Barnsdall, Jr., for respondent.

Marvin M. Simon for appellant.

All concur. Present — TAYLOR, P. J., McCURN, VAUGHAN, KIMBALL and WHEELER, JJ.


Per Curiam.

The plaintiff's action is to recover from the defendant money alleged to have been expended by her for necessaries in support of the defendant's child. The defendant moved at Special Term to dismiss the complaint under rules 106 and 107 of the Rules of Civil Practice. The order appealed from denied the motion. It does not appear on what grounds or under which rule the denial of the motion was based. We think the denial of the motion under rule 106...

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