MILLER v. DAVIS


49 Misc.2d 764 (1966)

Thomas Miller, an Infant, by Betty J. Miller, Parent and Natural Guardian, et al., Plaintiffs, v. Thomas Davis et al., Defendants.

Supreme Court, Special Term, Erie County.

March 24, 1966


Attorney(s) appearing for the Case

Arnold H. Rickler for plaintiffs. Gleason & O'Connor (Harvey Mandelkern of counsel), for James Sheldon, defendant.


MATTHEW J. JASEN, J.

Plaintiffs move, pursuant to CPLR 3211 (subd. [b]) to dismiss defendant James Sheldon's first affirmative defense, on the grounds that a defense is not stated and that there is no merit to the defense.

The affirmative defense to which plaintiffs object alleges that defendant James Sheldon, at the time of the incidents involved in the action, stood in loco parentis to the unemancipated infant plaintiff.

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