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SHAW v. ROTH

54 Misc.2d 418 (1967)

Brian K. Shaw, by His Parent, Burdette J. Shaw, et al., Plaintiffs, v. Gregory Roth, by His Parent, Joan M. Boynton, et al., Defendants.

Supreme Court, Monroe County.

August 21, 1967

Attorney(s) appearing for the Case

Neil F. Bubel for defendants. Frederic G. Blum for plaintiffs.

MARSHALL E. LIVINGSTON, J.

This motion is brought to dismiss the complaint against the defendants, pursuant to CPLR 3211 (subd. [a], par. 8), for lack of jurisdiction over defendant Roth, and pursuant to CPLR 3211 (subd. [a], par. 7), in that the pleading fails to state a cause of action against defendants Boynton.

On January 1, 1966, the infant plaintiff was assaulted, while walking on Mt. Read Boulevard...

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