Rich v. Rich

Upon the trial of this matrimonial action the special guardian of the incompetent defendant moved alternatively for a dismissal of the action or for mistrial. The grounds for special guardian’s objection to the prosecution of the action is the civil disability of the plaintiff, who initiated the suit while on parole from a State penitentiary but who was *620recommitted as a parole violator prior to the trial of this action.

Under the provisions of section 510 of the Penal Law the right to sue a civil action and the subsequent use of court process are civil rights which are suspended but not…