Rakiecki v. Ferenc

Judgment as to defendant John Ferenc unanimously reversed on the law and in the exercise of discretion and a new trial granted, and otherwise judgment affirmed, with costs to respondent. Memorandum: At the opening of the trial of this action and while the first witness was testifying it was disclosed that the defendant John Ferenc was then confined to Matteawan State Hospital for the criminally insane. The same information developed on two subsequent occasions, the last of which indicated Ferenc’s commitment was by order of the Erie County Court dated June 29, 1962. Section 207 of the Civil…