Eagle v. Janoff

In an action by the infant plaintiff to recover damages for personal injuries sustained by him, and by his father for medical expenses and for loss of companionship and services, the defendant appeals from an order of the County Court, Nassau County, dated April 21, 1960, granting plaintiffs’ motion for summary judgment and striking out defendant’s answer, pursuant to rule 113 of the Rules of Civil Practice. Order reversed, with $10 costs and disbursements, and motion denied. Defendant was 12 years of age at the time of the incident in question. The infant plaintiff was about the same age.…