SICKLES v. MONTGOMERY WARD & CO.


6 Misc.2d 1000 (1957)

George Sickles, as Guardian ad Litem for Sharon Sickles, et al., Plaintiffs, v. Montgomery Ward & Co., Incorporated, Defendant.

Supreme Court, Trial Term, Ulster County.

August 2, 1957.


Attorney(s) appearing for the Case

N. Jansen Fowler for defendant.

Howard C. St John for plaintiffs.


DONALD S. TAYLOR, J.

The motion by the defendant to dismiss for legal insufficiency the amended complaint which unites the infant's cause of action for personal injuries with her parent's derivative action is denied. According the pleading the benefit of fair inference and reasonable intendment it may be construed to allege that through a sale to his parent the defendant negligently put in the possession of...

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