Linder v. Bidner

This is a motion by the defendants Mac Bidner and Ann Bidner, hereinafter referred to as the parents, for an order “Dismissing the complaint herein for failure to state a cause of action pursuant to subdivision 7 of Section 3211 of the C. P. L. R.”

The third cause of action in the complaint alleges that the defendant Gary Bidner at the time of the assault “ lived and was subject to the control of his parents that prior to said occurrence the said Gary Bidner had a vicious and malignant disposition and had the habit of mauling, pummelling, assaulting, and mistreating smaller children when they…