BURKE v. MUSARRA


46 Misc.2d 933 (1965)

Daniel R. Burke, an Infant, by Arthur H. Burke, His Guardian ad Litem, Plaintiff, v. Arthur F. Musarra, Defendant.

Supreme Court, Special Term, Erie County.

July 12, 1965


Attorney(s) appearing for the Case

Miles, Cochrane, Grosse, Rossetti & Lord (J. Couper Lord of counsel), for defendant. John P. Quinn and Robert Leibman for plaintiff.


MATTHEW J. JASEN, J.

Defendant moves to dismiss complaint pursuant to CPLR 3212.

On March 13, 1962, an information was signed by the defendant, as president of the Americana Building Co. Inc., charging the infant plaintiff with violation of section 1433 of the Penal Law. It accused the said infant of damaging a house owned by the corporation in excess of $250. He was arrested and later the charge was dismissed after a hearing before a Justice...

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