GRANEY v. GRANEY


75 Misc.2d 828 (1972)

Michael S. Graney, an Infant, by Robert E. Heslin, His Guardian ad Litem, Plaintiff, v. John A. Graney, Jr., Defendant.

Supreme Court, Special Term, Albany County.

November 21, 1972


Attorney(s) appearing for the Case

Donohue, Bohl, Clayton & Komar for defendant. Lee, LeForestier & Frost (Jerome K. Frost of counsel), for plaintiff.


JOHN L. LARKIN, J.

This is a motion brought by the defendant, or more accurately by the attorneys for the defendant, to dismiss the complaint brought by the son of the defendant against the defendant on the ground that it does not state facts sufficient to state a cause of action.

The complaint alleges that the infant, over the age of five, on August 7, 1967 at about 7:30 P.M., was on a playground of...

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