Pitrelli v. Cohen

This is a motion pursuant to rule 109, subdivision 6, of the Rules of Civil Practice, to strike out the defense set forth in paragraph “ ninth ” of the defendants’ answer because insufficient in law.

In the first cause of action the infant plaintiff, through his guardian, sues for damages alleged to have been sustained by him through the malpractice of the defendant doctors, whereby as the result of an operation the infant lost an eye.

1 In the second cause of action the infant plaintiff, through his guardian, seeks to recover damages from the defendant hospital by reason of its negligence in…