Zuckerberg v. Munzer

The defendant here seeks an order dismissing the complaint on the ground that it does not on its face state facts sufficient to constitute a cause of action.

The plaintiff was a domestic and was employed in the home of the defendant. While in such employment the plaintiff alleges that she was attacked by the eight-year-old son of the defendant *792who inflicted serious injuries upon her with a baseball bat. The complaint further alleges that the assault and injuries were not provoked by her nor were they due to her fault, but were due to the conduct of the infant whose habits and tendencies to…