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DONOGHUE v. STATE OF NEW YORK

17 Misc.2d 316 (1957)

Lawrence M. Donoghue, an Infant, by His Guardian ad Litem, Lawrence Donoghue, Claimant, v. State of New York, Defendant. (Claim No. 33486.)

Court of Claims.

June 12, 1957.

Attorney(s) appearing for the Case

Leyden E. Brown for claimant.

Louis J. Lefkowitz, Attorney-General (Stanley V. Scott of counsel), for defendant.

RICHARD S. HELLER, J.

This claim seeks recovery for personal injuries suffered by a seven-year-old boy at Fair 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: "When an infant is a party he must appear by a guardian ad litem...

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