Shaw v. Roth

This motion is brought to dismiss the complaint against the defendants, pursuant to CPLR 3211 (subd. [a], par. 8), for lack of jurisdiction over defendant Roth, and pursuant to CPLR 3211 (subd. [a], par. 7), in that the pleading fails to state a cause of action against defendants Boynton.

On January 1, 1966, the infant plaintiff was assaulted, while walking on Mt. Read Boulevard, by some boys who left the car in which they were riding and attacked the infant plaintiff.

The complaint alleges that the infant defendant did “ participate in the beating ” of the infant plaintiff. The examination…