Finkel v. Finkel

Plaintiff brought this action to recover damages for personal injuries arising out of the alleged negligence of the defendant, plaintiff’s infant son, in the operation of a motor vehicle in which plaintiff was riding as a passenger. Defendant moved to dismiss the complaint pursuant to subdivision 8 of rule 107 of the Rules of Civil Practice on the ground that at the time of the accident he was an unemancipated infant, or in the alternative to require that the question of fact as to his legal status be set down for a hearing before an Official Referee pursuant to rule 108 of the Rules of Civil…