Villafane v. Banner

This is a motion to dismiss a personal injuries cause of action, it being alleged that the named party plaintiff is an improper party and for an order dismissing the second cause of action for loss of services and medical expense. The action is brought on behalf of an infant under the age of 14 years by "his grandmother and natural guardian” who also brings the derivative cause of action for medical expense and loss of services.

The statute in question (CPLR 1201) presently provides, "[u]nless° the court appoints a guardian ad litem, an infant shall appear * * * by a parent having legal…