Shea v. Esmay

Defendant moves to dismiss amended complaints in the above actions upon the grounds that they do not state facts sufficient to constitute a cause of action (CPLR 3211, subd. fa], par. 7). Similar motions were previously before this court and an opinion was rendered wherein the factual background was set forth (48 Misc 2d 45). In that decision it was, among other things, held that while an unemancipated child has a cause of action against his parent for assault and battery, a complaint that negates the element of intent does not state a cause of action for assault and battery.

The amended…