GELERNTER v. GELERNTER


19 Misc.2d 25 (1959)

Marlene R. Gelernter, an Infant, by Bellae Goodman, Her Guardian ad Litem, Plaintiff, v. Norman S. Gelernter, Defendant.

Supreme Court, Special Term, Kings County.

May 5, 1959.


Attorney(s) appearing for the Case

Theodore I. Welenken for plaintiff.

Nachamie & Kamhi for defendant.


LOUIS L. FRIEDMAN, J.

Defendant moves, pursuant to subdivision 8 of rule 107 of the Rules of Civil Practice, to dismiss plaintiff's complaint on the ground "that the cause of action cannot accrue against the infant defendant because of his infancy".

The action is brought by the infant plaintiff against the infant defendant for a separation on the ground of alleged cruel and inhuman treatment. It appears from the papers before the court that both...

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