ZELBY v. OMANSKY


61 Misc.2d 199 (1969)

David Zelby, an Infant, by His Father Nathan Zelby, et al., Plaintiffs, v. Lawrence A. Omansky et al., Defendants.

Supreme Court, Special Term, Nassau County.

November 6, 1969


Attorney(s) appearing for the Case

Louis L. Berko for plaintiffs. Patrick F. Adams for Rosalind Zelby and another, defendants.


JOSEPH LIFF, J.

A father brings an action on behalf of his infant son to recover damages for personal injuries suffered by the child and for medical expenses, loss of services, etc. incurred by the father. The defendants are the mother, the owner of the vehicle, and its operator. Plaintiffs' motion to dismiss two affirmative defenses is granted.

Paragraph "FOURTH" of the answer sets out as a complete affirmative defense subdivision 3 of section...

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