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MOONEY v. FORTUIN

49 Misc.2d 85 (1966)

Peter Mooney, an Infant, by Adele Mooney, His Guardian ad Litem, et al., Plaintiffs, v. Grace T. Fortuin et al., Defendants.

Supreme Court, Special and Trial Term, New York County.

January 21, 1966

Attorney(s) appearing for the Case

Panken & Panken for plaintiffs. Henry Wolfman for defendants.

LOUIS J. CAPOZZOLI, J.

The purpose of this trial is to determine whether the second cause of action alleged in the complaint, in behalf of plaintiff, Adele Mooney, mother of the infant plaintiff, in which she seeks to recover for loss of services and medical expenses, is barred by the Statute of Limitations (CPLR 214 [subd. 5]).

Defendants moved for summary judgment dismissing said cause of action, which...

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