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BENINTENDI v. BENINTENDI

277 A.D. 1126 (1950)

Sylvia Benintendi, as Guardian ad Litem, on Behalf of Theodore P. Benintendi, an Infant, Appellant, v. Marie Benintendi, as Administratrix of The Estate of James V. Benintendi, Deceased, Respondent

Appellate Division of the Supreme Court of the State of New York, Second Department.

December 11, 1950.

It is our opinion, accepting the allegations of the complaint as true and, according to them every fair intendment, as we must (Dyer v. Broadway Central Bank, 252 N.Y. 430, 432), that those allegations, amplified by the bill of particulars (Bolivar v. Monnat, 232 App. Div. 33, 34 et seq.; Kronman & Co., v. Public Nat. Bank of N. Y. 218 App. Div. 624, 629), set forth a valid contract on the part of intestate which may be enforced on behalf of the infant...

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