KIERNAN v. JONES


73 Misc.2d 829 (1973)

Mary E. Kiernan, an Infant, by Her Father Patrick Kiernan, et al., Plaintiffs, v. August H. Jones, Defendant.

Supreme Court, Special Term, Nassau County.

April 3, 1973


Attorney(s) appearing for the Case

Robert Shulman for plaintiffs. Evans, Orr, Pacelli, Norton & Laffan, P. C. for Patrick Kiernan on the counterclaim. Hartig & Mahon for defendant.


BERNARD F. McCAFFREY, J.

The plaintiff moves for an order to strike the counterclaim which was interposed under the authority of Dole v. Dow Chem. Co. (30 N.Y.2d 143).

The father herein is acting as a plaintiff in the dual role, first that of guardian ad litem of his infant daughter, and also in his individual capacity in the derivative action for any expenses and loss of services.

The infant...

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