Shea v. Esmay

Defendant moves to dismiss the complaint herein for failure to state a cause of action (CPLB, 3211, subd. [a], par. 7). An identical motion is made in the companion action of Blanche H. Shea as general guardian of the person and property of Edward Hazzard, an infant, against Harold 0. Esmay, as administrator of the goods, chattels and credits of Francis E. Plazzard, deceased. This opinion shall be determinative of both motions.

The within action is brought by the general guardian of James Hazzard, an infant 17 years of age, for personal injuries sustained by him allegedly inflicted upon him by…