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COX v. STRETTON

77 Misc.2d 155 (1974)

Minnie G. Cox et al., Plaintiffs, v. Ernest H. Stretton, Defendant.

Supreme Court, Special Term, St. Lawrence County.

February 25, 1974

Attorney(s) appearing for the Case

Martin, Clearwater & Bell (David E. Brown of counsel), for defendant. Crapser & Kirsch (William S. Crapser, Jr., of counsel), for plaintiffs.

J. RAYMOND AMYOT, J.

On this motion to dismiss the complaint on the ground that it fails to state a cause of action, the plaintiffs' allegations must be accepted as true (Tobin v. Grossman, 24 N.Y.2d 609, 612).

It is alleged that the plaintiff, Richard G. Cox, and his wife, the plaintiff Minnie G. Cox, decided to limit the size of their family to their then existing two infant children, Eugene Cox and...

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