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SIEMBAB v. SIEMBAB

284 A.D. 652 (1954)

Gary Siembab, an Infant, by Anna Siembab, His Guardian ad Litem, Respondent, v. Helen K. Siembab, Appellant, et al., Defendant

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

September 22, 1954.

Attorney(s) appearing for the Case

Bert B. Lockwood for appellant.

E. J. Fitzgerald and Henry J. Ziemba for respondent.

All concur. Present — VAUGHAN, J. P., KIMBALL, PIPER, WHEELER and VAN DUSER, JJ.

PIPER, J.

This is an appeal by the defendant, Helen K. Siembab, from an order of the Oneida Special Term denying her motion to dismiss the complaint on the ground that it fails to state facts sufficient to constitute a cause of action. The action was brought by the three-year-old son of the defendants, by his guardian ad litem, to recover damages sustained by the infant who was seriously injured in an accident...

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