Middleton v. Village of Nichols

OPINION OF THE COURT

Howard A. Zeller, J.

Third-party defendant Ann L. Middleton moves pursuant to CPLR 3211 (subd [a], par 7) to dismiss the third-party complaints of third-party plaintiffs Norman and Lillian Horton, and the Village of Nichols, for failure to state a cause of action.

Third-party defendant Ann L. Middleton avers that on February 23, 1979 she drove her three-year-old daughter Darlene to the home of her babysitter, Lillian Horton; Mrs. Middleton and Darlene got out of the car and walked toward the Horton house; Darlene suffers from juvenile rheumatoid arthritis and has some…