SCHOMBER v. TAIT


207 Misc. 328 (1955)

Robert Schomber, an Infant, by Gladys M. Schomber, His Guardian ad Litem, et al., Plaintiffs, v. James H. Tait et al., Defendants.

Supreme Court, Special Term, Westchester County.

February 1, 1955.


Attorney(s) appearing for the Case

Bleakley & Harding for James H. Tait, defendant.

Martin Coleman for plaintiffs.


BAILEY, J.

This is an action for damages growing out of an automobile accident wherein defendant moves to dismiss the first and second causes of action alleged in the complaint pursuant to subdivision 2 of rule 107 of the Rules of Civil Practice upon the ground that plaintiffs therein do not have the legal capacity to sue.

The second cause of action is maintained by the infant's mother for medical care...

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