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Siegel & Hodges v. Hodges

10 A.D.2d 646 Court N.Y. App. Div. Decision date 1960-02-23 English

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p. 646
Siegel & Hodges, a Partnership Composed of Al Siegel and John W. Hodges, Appellants, v. Edward Hodges, an Infant, by His Guardian ad Litem, Annie S. Hodges, Respondent, et al., Defendant.

In an action by a partnership to recover for necessaries furnished to an infant against the infant and his father, a member of the partnership, the appeal is from an order granting the infant’s motion to dismiss the complaint for failure to state facts sufficient to constitute a cause of action (Rules Civ. Prac., rule 106, subd. 4). The Special Term held that to permit the maintenance of this action would contravene public policy. Order unanimously affirmed, with $10 costs and disbursements. No opinion. Present — Beldoek, Acting P. J., Ughetta, Kleinfeld, Christ and Brennan, JJ. [ 20 Misc 2d 243 .]

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