Tobin v. Grossman

Appeal is taken from an order of the Supreme Court at Special Term, entered December 4, 1967 in Albany County which denied a motion to dismiss the third cause of action in plaintiffs’ complaint, and from an order denying reargument of such motion.

It is alleged that on September 18, 1966, the infant plaintiff sustained personal injuries by reason of defendant’s negligent operation of his automobile. The first cause of action for personal injuries to the infant plaintiff and the second, a derivative action asserted by the mother, are not involved in this appeal. The third cause of action in the…