Shea v. Esmay

Memorandum by the Court. Appeal from an order of the Supreme Court dismissing for insufficiency the amended complaint in an action brought by an infant against the administrator of his father’s estate to recover for injuries sustained when the father shot and wounded him. The father shot and killed other members of the family and then committed suicide. The opinions of Mr. Justice Kane at Special Term (48 Misc 2d 45; 50 Misc 2d 509), upon deciding a motion addressed to the original complaint and the subsequent motion directed to the amended complaint now before us, well outline the legal…