Donoghue v. State

This claim seeks recovery for personal injuries suffered by a seven-year-old boy at Pair Haven State Park. It is brought by the infant through his guardian ad litem who was so appointed by an order of the Supreme Court of the State of New York made on September 9, 1955.

There is thus a defect in the parties since section 202 of the Civil Practice Act provides: 44 When an infant is a party he must appear by a guardian ad litem who shall be appointed by the court in which the action is brought or about to be brought or a judge thereof

No objection has been made to the jurisdiction of this court,…