Ganiev v. Nazi

OPINION OF THE COURT

Memorandum.

Order unanimously modified by providing that (1) appellant’s motion to serve an amended answer so as to allege the incapacity of the infant plaintiff, Eldar Ganiev, to commence the action and, upon said amendment, dismissing Eldar Ganiev’s action is denied on condition that plaintiffs, within 90 days of the date of the order hereon, obtain new representation and apply to the trial court for the appointment of a guardian in accordance with article 12 of the CPLR, otherwise, motion granted, defendant’s answer deemed amended, and action by Eldar Ganiev dismissed;…