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MILLER v. DAVIS

107 Misc.2d 343 (1980)

Michael J. Miller et al., Plaintiffs, v. Brian C. Davis et al., Defendants.

Supreme Court, Schoharie County.

October 31, 1980

Attorney(s) appearing for the Case

Lyons, Pentak, Brown & Tobin for defendants. Van Woert, Dunn, Konstanty & Nydam for plaintiffs.

AARON E. KLEIN, J.

The defendants, pursuant to CPLR 3211 (subd [a], par 7) seeks an order dismissing the second cause of action contained in the complaint, contending that it appears from the face of the complaint that the plaintiff Laura L. Miller was not married to plaintiff, Michael J. Miller, on the date of the accident, allegedly giving rise to the injuries sustained by him and pleaded as a derivative cause of action by the plaintiff, Laura L. Miller...

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