Kahn v. Backer

This is an application, pursuant to article 78 CPLR, to compel a Justice of the Supreme Court to render a decision on a motion made by petitioner to dismiss a cause of action in a complaint for insufficiency. Petitioner is a defendant in an action brought by his former wife to recover payments due under a separation agreement. One of the causes of action alleged in the complaint in that suit is by the wife as guardian ad litem of the infant son of the parties. Petitioner moved to dismiss that cause of action for insufficiency, relying on the decision in Ben Ami v. Ben Ami (9 A D 2d 646, affd.…