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Why did the aunt's lawsuit against her 8 yr. old nephew not get thrown out right from the get go?

Asked by flo (13313points) October 13th, 2015

http://www.nydailynews.com/new-york/aunt-sues-nephew-12-breaking-wrist-greeting-article-1.2394889
“JURY DECIDES AGAINST NYC AUNT WHO SUED NEPHEW”
All caps from the article.

Doesn’t a person need to be of age in order to be sued? “The minor child is the only defendant in the case.”

What does it take for a court to say “No, we can’t hear this case, this is clearly an accident, and this is a child.”?

What am I missing?

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