MATTER OF McNALLY v. MOSBACHER


36 A.D.2d 522 (1971)

In the Matter of Charles W. McNally, Jr., an Infant, by Charles W. McNally, His Father, et al., Respondents, v. Patricia R. Mosbacher et al., Appellants, et al., Defendant

Appellate Division of the Supreme Court of the State of New York, First Department.

January 26, 1971


Leave is given the defendant to conduct a further physical and neurological or psychiatric examination of infant plaintiff, if so advised, and plaintiffs may serve a supplemental bill of particulars consonant with the complaint, as amended. The second cause of action and so much of the third cause of action as incorporates paragraph "Eleventh" of the second cause of action, as found in the amended complaint, i.e., for nuisance, is disallowed; there being no predicate for...

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