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WASSERMAN v. WEISNER

36 Misc.2d 916 (1962)

Daryl Wasserman et al., Infants, by Their Guardian ad Litem, Renee Weisner, Plaintiffs, v. Irving Weisner, Defendant.

Supreme Court, Special Term, New York County.

October 11, 1962

Attorney(s) appearing for the Case

Morris H. Halpern for defendant. Harry H. Lipsig for plaintiffs.

BERNARD NEWMAN, J.

Defendant moves, pursuant to subdivision 4 of rule 106 of the Rules of Civil Practice, to dismiss the amended complaint on the ground of legal insufficiency.

The three infant plaintiffs are children of the guardian ad litem, by a former marriage. The complaint alleges that some time before the marriage of the defendant and the guardian, that Seymour Wasserman (the guardian's then husband and the

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