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MACCAULL v. BROWN

261 A.D.2d 829 (1999)

689 N.Y.S.2d 561

ERIC J. MACCAULL, an Infant, by His Parent and Natural Guardian, DONNA MACCAULL, Respondent, v. HARRY A. BROWN, Appellant.

Appellate Division of the Supreme Court of the State of New York, Fourth Department.

Decided May 7, 1999.

Order unanimously modified on the law and as modified affirmed without costs in accordance with the following Memorandum: Supreme Court properly denied that part of defendant's motion seeking to dismiss the complaint on the ground of lack of legal capacity to sue (see, CPLR 3211 [a] [3]). Although Eric J. MacCaull was 18 years old at the time of the incident and commencement of the action and thus misdescribed in the caption of the complaint as "an infant", the court...

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