Sobel v. Sobel
New York Supreme Court
1Opinion of the CourtEder, J.
It is the duty of the court to protect the rights and interests of an incompetent or insane litigant.
The plaintiff seeks to avoid certain transactions hpon the basic ground that he was mentally incapacitated at the time he entered into and consummated them. After opening statements by respective counsel, the introduction by plaintiff of a deposition of one of the defendants, and some documentary proof, but before any evidence taken viva voce, suggestion was made that plaintiff’s present mental condition is such that he is unable to intelligently comprehend the litigation or the import of his…
2Cases cited2 opinions
- Finch v. GoldsteinNew York Court of Appeals · 1927
- In re TownsendAppellate Division of the Supreme Court of the State of New York · 1931
3Cited by3 opinions
- Graham v. GrahamWashington Supreme Court · 1952
- McCabe v. StateNew York Court of Claims · 1947
- Mathews v. MathewsNew York Supreme Court · 1960