Miller v. Davis

Plaintiffs move, pursuant to CPLR 3211 (subd. [b]) to dismiss defendant James Sheldon’s first affirmative defense, on the grounds that a defense is not stated and that there is no merit to the defense.

The affirmative defense to which plaintiffs object alleges that defendant James Sheldon, at the time of the incidents involved in the action, stood in loco parentis to the unemancipated infant plaintiff.

This is a negligence action brought by Betty Jo Miller individually and as parent and natural guardian of Thomas Miller, a two-year-old infant, for personal injuries sustained on November 25,…