Order unanimously affirmed, without costs of this appeal to any party.
Memorandum:
Defendant, Wysocki, as administrator, moved to dismiss the complaint upon the ground it failed to state a cause of action as to the estate. (CPLR 3211, subd. [a], par. 7.) The issue presented centers upon whether or not the infant was emancipated at the time of the accident. The amended complaint is silent on the subject and the several submitted affidavits are equally unrevealing...
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