ANDREWS v. OTSEGO


112 Misc.2d 37 (1982)

Joseph J. Andrews, an Infant, By His Parent, Frances Andrews, Plaintiff, v. County of Otsego et al., Defendants.

Supreme Court, Special Term, Otsego County.

January 8, 1982


Attorney(s) appearing for the Case

James E. Fey for Thomas Talbot and another, defendants. Levene, Gouldin & Thompson (Paul B. Price of counsel), for County of Otsego, defendant. Thomas Hegeman for plaintiff.


JOHN P. BALIO, J.

This is an application by the defendants, Thomas and Winifred Talbot, to dismiss the complaint for failure to state a cause of action (CPLR 3211, subd [a], par 7). The defendant County of Otsego had joined in the application and has also requested dismissal of the claim asserted against the county.

The underlying facts are not at issue. The plaintiff, Frances Andrews, is the natural...

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