Summary
stating that under New York law, "a person of unsound mind but not judicially declared incompetent may sue or be sued in the same manner as any other person" (citing Sengstack v. Sengstack, 176 N.Y.S.2d 337, 341-42 (1958))
Summary of this case from Neilson v. Colgate-Palmolive Co.Opinion
March 23, 1999
Appeal from the Supreme Court, New York County (Stanley Sklar, J.).
The motion to dismiss was properly denied on the ground that a person of unsound mind but not judicially declared incompetent may sue or be sued in the same manner as any other person ( Sengstack v. Sengstack, 4 N.Y.2d 502). The cross motion for appointment of a guardian ad litem was properly granted since it appears that plaintiff is an unadjudicated incompetent ( see, supra, at 509-510; CPLR 1202). Defendants' argument for dismissal is hardly advanced by cases denying a default judgment against a person whose mental competency is questionable and for whom a guardian ad litem has not been appointed ( e.g., Sarfaty v. Sarfaty, 83 A.D.2d 748).
Concur — Rosenberger, J. P., Nardelli, Williams and Wallach, JJ.