Rivera v. New York City Transit Authority

Order, Supreme Court, Bronx County (Barry Salman, J.), entered April 17, 2015, which denied defendants’ motion for a stay of trial, leave to conduct additional discovery, leave to amend the answer to add the affirmative defense of lack of capacity, and the appointment of a guardian ad litem for plaintiff, unanimously affirmed, without costs.

Defendants failed to present evidence that plaintiff was incapable of prosecuting or defending his rights in this action either upon its commencement or at this time (see Roach v Benjamin, 78 AD3d 468 [1st Dept 2010]; Nova v Jerome Cluster 3, LLC, 46 AD3d…