Legal Opinion
Bryant v. Riddle
Appellate Division of the Supreme Court of the State of New York
Decided March 23, 1999PublishedCited by 5 opinions
1Opinion of the Court
Order, Supreme Court, New York County (Stanley Sklar, J.), entered on or about January 21, 1998, which denied defendants’ motion to dismiss the complaint for plaintiffs lack of capacity to sue, and granted plaintiffs cross motion for appointment of a guardian ad litem, unanimously affirmed, without costs.
The motion to dismiss was properly denied on the ground that a person of unsound mind but not judicially declared incompetent may sue or be sued in the same manner as any other person (Sengstack v Sengstack, 4 NY2d 502). The cross motion for appointment of a guardian ad litem was properly…
2Cases cited2 opinions
- Sengstack v. SengstackNew York Court of Appeals · 1958
- Sarfaty v. SarfatyAppellate Division of the Supreme Court of the State of New York · 1981
3Cited by5 opinions
- Francine M. Neilson v. Colgate-Palmolive Company and Colgate Palmolive S.A. De C.V.Court of Appeals for the Second Circuit · 1999
- Piggott v. Lifespire, Inc.Appellate Division of the Supreme Court of the State of New York · 2017
- Rivera v. New York City Transit AuthorityAppellate Division of the Supreme Court of the State of New York · 2016
- Lawrence v. KennedyNew York Supreme Court · 2011
- Francine M. Neilson v. Colgate-Palmolive Company and Colgate Palmolive S.A. De C.V.Court of Appeals for the Second Circuit · 1999