Holmes v. Staib Abendschein Co.
Appellate Division of the Supreme Court of the State of New York
Appeal by the plaintiff, Henry Holmes, from a judgment of the Supreme Court in favor of the defendant, entered in the office of the clerk of the county of New York on the 5th day of April, 1921, upon the dismissal of the complaint at the opening of the trial and before a jury was impaneled, upon the ground that no order was made appointing a guardian ad litem for the infant plaintiff until six days after the service of the summons herein.
1Opinion of the Court
Merrell, J.:
The action was to recover for personal injuries alleged to have been sustained by the infant plaintiff because of the negligence of the defendant. Before the court ruled upon defendant’s motion to dismiss the complaint, counsel for the plaintiff made application that the court enter an order appointing plaintiff’s father or some other suitable person as guardian ad litem nunc pro tunc as of the date the summons was served. Upon said application of the plaintiff being denied by the court, the plaintiff asked leave to apply at Special Term for the same relief, which application the…
2Cases cited1 opinion
- Rima v. Rossie Iron WorksNew York Court of Appeals · 1890
3Cited by9 opinions
- People ex rel. Di Leo v. EdwardsAppellate Division of the Supreme Court of the State of New York · 1936
- Magrill v. MagrillAppellate Terms of the Supreme Court of New York · 1959
- Scott v. McCaffreyNew York Supreme Court · 1958
- Feigenbaum v. Narragansett Stables Co.New York Supreme Court · 1926
- Inakay v. Sun Laundry Corp.New York Supreme Court · 1943
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