POST v. LYFORD


285 A.D. 101 (1954)

Edna Post, an Infant, by Esther Q. Farrell, Her Guardian ad Litem, Respondent, v. Walter A. Lyford, as Commissioner of Public Welfare of Saratoga County, et al., Appellants Esther Q. Farrell, Respondent, v. Walter A. Lyford, as Commissioner of Public Welfare of Saratoga County, et al., Appellants

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

November 18, 1954.


Attorney(s) appearing for the Case

James J. McNaughton and John W. Nichols for appellants.

Samuel Caplan and Bernard Cohen for respondents.

BERGAN, J. P., COON, HALPERN, IMRIE and ZELLER, JJ., concur.


Per Curiam.

These are appeals from orders granted by the Special Term under subdivision 6 of rule 109 of the Rules of Civil Practice, striking out affirmative defenses from the defendants' answers on the ground that they were insufficient in law.

The actions were brought by an infant and her mother to recover for the false imprisonment of the infant. It is alleged that the infant plaintiff was caused to be incarcerated...

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