FOX v. MISSION OF IMMACULATE VIRGIN


202 Misc. 478 (1952)

Hugh Fox, an Infant, by Agnes O'Rourke, His Guardian ad Litem, et al., Plaintiffs, v. Mission of the Immaculate Virgin for the Protection of Homeless and Destitute Children, Defendant.

Supreme Court, Special Term, Kings County.

June 17, 1952.


Attorney(s) appearing for the Case

Barrett, Molloy & Swiggett for defendant.

Julius A. Itzkowitz for plaintiffs.


MOSS, J.

This is a motion to dismiss the complaint pursuant to subdivision 4 of rule 106 of the Rules of Civil Practice, upon the ground that the complaint does not state facts sufficient to constitute a cause of action.

The complaint sets forth two causes of action, one on behalf of the infant plaintiff to recover damages for personal injuries allegedly sustained by the infant when he fell through an...

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