ROBBINS v. CASTELLANI


37 Misc.2d 1046 (1962)

Hildreth E. Robbins et al., Plaintiffs, v. John Castellani, Defendant.

Supreme Court, Special Term, Monroe County.

December 6, 1962


Attorney(s) appearing for the Case

Brown, Zurett, Sullivan, Smith & Gough for defendant. Forsyth & Forsyth for plaintiffs.


WILLIAM G. EASTON, J.

This is a motion by the defendant to dismiss the complaint on the ground that it fails to state facts sufficient to constitute a cause of action and that the plaintiffs do not have the legal capacity to sue.

The complaint alleges in substance that one Douglas Robbins, son of the plaintiffs, was killed by a bullet negligently discharged by the defendant while on a hunting trip. The complaint is not the usual one brought by...

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