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SHEA v. ESMAY

48 Misc.2d 45 (1965)

Blanche H. Shea, as General Guardian of the Person and Property of James Hazzard, an Infant, Plaintiff, v. Harold O. Esmay, County Treasurer of the County of Schoharie, as Administrator of The Estate of Francis E. Hazzard, Deceased, Defendant. Blanche H. Shea, as General Guardian of the Person and Property of Edward Hazzard, an Infant, Plaintiff, v. Harold O. Esmay, County Treasurer of the County of Schoharie, as Administrator of The Estate of Francis E. Hazzard, Deceased, Defendant.

Supreme Court, Trial Term, Schoharie County.

November 8, 1965

Attorney(s) appearing for the Case

Vibbard, Donaghy & Wright (Harry J. Donaghy of counsel), for defendant. Robert H. Ecker for plaintiff.

T. PAUL KANE, J.

Defendant moves to dismiss the complaint herein for failure to state a cause of action (CPLR 3211, subd. [a], par. 7). An identical motion is made in the companion action of Blanche H. Shea as general guardian of the person and property of Edward Hazzard, an infant, against Harold O. Esmay, as administrator of the goods, chattels and credits of Francis E. Hazzard, deceased. This opinion shall...

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