Dent v. Baxter

Order unanimously reversed, without costs and motion denied without prejudice to renewal of plaintiff’s application in accordance with the following memorandum : Plaintiff was injured in an automobile accident on July 28, 1965. Shortly afterwards, she and her mother consulted an attorney who commenced an action in her name alone on July 29, 1968, although she was an infant having been born on June 16, 1948. While plaintiff was still an infant, defendant obtained an order of preclusion on March 21, 1969 for her failure to serve a bill of particulars. Defendant, on the basis of the preclusion…