TOPER v. ROTACH


62 Misc.2d 290 (1970)

Robert Toper, an Infant, by His Father and Natural Guardian, Benjamin Toper, et al., Plaintiffs, v. Clyde K. Rotach, Defendant.

Supreme Court, Special Term, Oneida County.

February 17, 1970


Attorney(s) appearing for the Case

Gorman, Waszkiewicz, Lutz & Durso (Bartle Gorman, Jr., of counsel), for plaintiffs. Rossi, Duggan & Capecelatro (John J. Duggan of counsel), for defendant.


RICHARD D. SIMONS, J.

Plaintiffs sue for personal injuries to infant plaintiff and damages to the father on his derivative cause of action. The action was commenced more than three years after the accident. Paragraph "Twelfth" of the complaint pleads facts to show an estoppel to avoid defendant's anticipated defense of the Statute of Limitations to the father's cause of action.

Defendant moves to strike paragraph "Twelfth" on the grounds that...

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