Smith v. Moser

16 A.D.2d 736 Court N.Y. App. Div. Decision date 1962-04-05 English

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p. 736

Barbara Smith, an Infant, by Bessie Smith, Her Guardian ad Litem, et al., Appellants, v. Phyllis K. Moser et al., Respondents.

Order unanimously affirmed, without costs of this appeal to .any party. (Appeal from order of Allegany Special Term denying the motion of plaintiffs to strike out the answer of the defendants and to grant summary judgment to the plaintiffs.) Present — Williams, P. J., Goldman, Halpern, McClusky and Henry, JJ.