Gelernter v. Gelernter

Defendant moves, pursuant to subdivision 8 of rule 107 of the Rules of Civil Practice, to dismiss plaintiff’s complaint on the ground “ that the cause of action cannot accrue against the infant defendant because of his infancy”.

The action is brought by the infant plaintiff against the infant defendant for a separation on the ground of alleged cruel and inhuman treatment. It appears from the papers before the court that both of the parties are under 21 years of age. Before instituting this action, plaintiff applied for and secured the appointment of a guardian ad litem. Thereafter, the summons…