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HURST v. TITUS

99 Misc.2d 205 (1979)

Lloyd L. Hurst, as Guardian ad Litem of Lakiescha Titus, an Infant, Plaintiff, v. Amanda Titus, Defendant.

Supreme Court, Monroe County.

April 24, 1979

Attorney(s) appearing for the Case

Palmiere, Passero & Crimi (Ronald J. Passero of counsel), for defendant. Faraci, Guadagnino, Lange & Johns (Paul K. Lange of counsel), for plaintiff.

DAVID O. BOEHM, J.

In this action, the defendant, who is the mother of Lakiescha Titus, the infant on whose behalf this lawsuit was commenced, moves to dismiss the complaint on the ground that it fails to state a cause of action (CPLR 3211, subd [a], par 7).

The issue presented for resolution is whether the tort alleged in the complaint is the permissible subject of a lawsuit by an infant against its...

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