Barrera v. General Electric Co.

The defendant, Carlos Barrera, moves for an order pursuant to CPLR 3211 (subd [a]) dismissing the first cause of action against him on behalf of the infant plaintiff and the derivative action of the infant’s mother, on the ground that the plaintiffs have failed to state a cause of action. The factual issues are as follows.

On August 29, 1973 the infant was placed by his mother under the temporary care, custody and control of the child’s grandfather, the moving defendant herein. While on his grandfather’s premises the infant came into contact with a rotary ironer and sustained serious injuries.

T…