Legal Opinion
Terwilliger v. Terwilliger
New York Supreme Court
Decided December 30, 1966PublishedCited by 2 opinions
1Opinion of the CourtHoward A. Zeller, J.
Defendant moves to dismiss the cause of action alleged in the complaint in this action on the ground that it may not be maintained because of res judicata. (CPLR 3211, subd. [a], par. 5.)
Plaintiff, Darlene Terwilliger, an infant, was 17 years of age on November 1, 1964. She was legally adopted in 1952 by Eugene Terwilliger who is the defendant in this action. (Defendant has previously moved to dismiss this action on the ground that an unemancipated child may not sue her parent for ordinary negligence. That motion was denied for reasons not pertinent here.)
During the evening of October 31,…
2Cases cited3 opinions
- Schuylkill Fuel Corp. v. B. & C. Nieberg Realty Corp.New York Court of Appeals · 1929
- Tidd v. . SkinnerNew York Court of Appeals · 1919
- Cummings v. DresherNew York Supreme Court · 1964
3Cited by2 opinions
- O'Connell v. WilliamsDistrict Court, S.D. New York · 1967
- Schwartz v. Public Administrator of the County of BronxAppellate Division of the Supreme Court of the State of New York · 1968