GAUL v. RICHARDSON


117 Misc.2d 75 (1982)

Suzette Gaul, an Infant, by Lila Gaul, Her Parent, et al., Plaintiffs, v. Roscoe Richardson, Jr., an Infant, by Roscoe Richardson, Sr., et al., His Parents, et al., Defendants.

Supreme Court, Special Term, Albany County.

December 27, 1982


Attorney(s) appearing for the Case

McCarthy & Evanick (Thomas N. Dulin of counsel), for plaintiffs. Stephen R. Spring for defendants.


HAROLD J. HUGHES, J.

When a defendant is an infant at the time of the accident giving rise to the action, can he be served with process pursuant to CPLR 309 (subd [a]) after he attains his majority?

This is an action for personal injuries and derivative loss allegedly sustained when the infant plaintiff was struck by a bat swung by defendant Roscoe Richardson, Jr.,* while playing in the yard of the residence of codefendants...

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