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MURPHY v. MURPHY

206 Misc. 228 (1954)

Mary Murphy et al., Plaintiffs, v. Robert Murphy, Defendant.

Supreme Court, Special Term, Madison County.

July 26, 1954.

Attorney(s) appearing for the Case

Robert L. Duell for defendant.

Frederick J. Meagher for plaintiffs.

ZELLER, J.

An action for personal injuries resulting from nonwillful negligence may not be maintained by an unemancipated child against his parent. (Cannon v. Cannon, 287 N.Y. 425; Sorrentino v. Sorrentino, 248 N.Y. 626.) The reason for the rule is to prevent the injection of disruptive litigation into family unity. When close unity ceases to exist, the reason for the rule disappears and the rule...

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