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LINDER v. BIDNER

50 Misc.2d 320 (1966)

Stuart Linder, an Infant, by Saul Linder, His Parent and Guardian, et al., Plaintiffs, v. Gary Bidner, an Infant, by Mac Bidner, His Parent and Guardian, et al., Defendants.

Supreme Court, Special Term, Queens County.

May 18, 1966

Attorney(s) appearing for the Case

Dennis Bengels for plaintiffs. Juron & Minzner for defendants.

J. IRWIN SHAPIRO, J.

This is a motion by the defendants Mac Bidner and Ann Bidner, hereinafter referred to as the parents, for an order "Dismissing the complaint herein for failure to state a cause of action pursuant to subdivision 7 of Section 3211 of the C. P. L. R."

The third cause of action in the complaint alleges that the defendant Gary Bidner at the time of the assault "lived and was subject to the control of his parents"; that prior to...

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