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TOBIN v. GROSSMAN

55 Misc.2d 304 (1967)

Philomena Tobin, as Natural Parent and Guardian of Gregory Tobin, an Infant, et al., Plaintiffs, v. Stuart Grossman, Defendant.

Supreme Court, Special Term, Albany County.

November 27, 1967

Attorney(s) appearing for the Case

Donohue, Bohl, Clayton & Komar for defendant. Sanford Rosenblum and Eugene R. Spada for plaintiffs.

LOUIS G. BRUHN, J.

This is a motion on behalf of the defendant "for an Order dismissing the third cause of action contained in the plaintiff's complaint on the ground that said third cause of action fails to state a legal cause of action."

The allegations germane to a determination of the instant motion are contained in paragraphs "THIRTEEN" and "FOURTEEN" of the complaint and are as follows:

"THIRTEENTH: That at the time and place of...

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