Opinion
March 15, 1928.
Appeal from the Municipal Court, Borough of Manhattan, Seventh District.
Mark Charles Platt, for the appellant.
James R. Pitcher, respondent in person.
As it is provided by subdivision 3 of section 26 of the Municipal Court Code that where no guardian is appointed for an infant defendant in accordance with the provisions of subdivision 2 of that section, "the court, or a justice thereof, shall, at any time before judgment, make such appointment," it was error, notwithstanding plaintiff's application on the trial for the appointment of a guardian, to grant judgment for defendant dismissing the complaint because no guardian had been appointed.
Judgment reversed and a new trial ordered, with thirty dollars costs to appellant to abide the event.
All concur; present, LYDON, LEVY and CRAIN, JJ.