Muschetti v. Charles Pfizer & Co.

The defendants move, pursuant to rule 102 of the Rules of Civil Practice, to strike from the caption of the action under the listed plaintiffs the following: “ and ‘ Mary ’ Muschbtti, a female infant born dead, by Charles Muschbtti, her Guardian ad Litem ”, and further move, pursuant to subdivision 4 of rule 106 of the Rules of Civil Practice, to dismiss the third cause of action on the ground that it fails to state facts sufficient to constitute a cause of action.

No claim or cause of action is set forth in the pleadings in behalf of the dead child. Accordingly the branch of the motion under…