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MUSCHETTI v. PFIZER & CO.

208 Misc. 870 (1955)

Lena Muschetti et al., Plaintiffs, v. Charles Pfizer & Co., Inc., et al., Defendants.

Supreme Court, Special Term, Kings County.

July 8, 1955.

Attorney(s) appearing for the Case

Thomas F. Byrd, Jr., for defendants.

Max M. Goldberg and Harry Gilgulin for plaintiffs.

OLLIFFE, J.

The defendants move, pursuant to rule 102 of the Rules of Civil Practice, to strike from the caption of the action under the listed plaintiffs the following: "and `MARY' MUSCHETTI, a female infant born dead, by CHARLES MUSCHETTI, her Guardian ad Litem", and further move, pursuant to subdivision 4 of rule 106 of the Rules of Civil Practice, to dismiss the third cause of action on the ground that it...

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