Caringe v. Rubin

Appeal from an order of the Supreme Court at Special Term which granted plaintiff’s motion to strike out as insufficient in law the defense that plaintiff is unable to maintain this negligence action because she is the defendant’s daughter and an “ unemancipated child of six years for whom the defendant provided and with whom the plaintiff has resided in a family unit.” The affidavit submitted in opposition to the motion states that plaintiff is the natural child of defendant who supported her from the time of her birth, in a household consisting of these two and the child’s mother, with the…