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RICH v. RICH

16 Misc.2d 619 (1959)

John A. Rich, Plaintiff, v. Wilma E. Rich, Defendant.

Supreme Court, Special Term, Madison County.

April 7, 1959.

Attorney(s) appearing for the Case

A. G. Gambitta for plaintiff.

Joseph R. Scavone, special guardian, for defendant.

Louis J. Lefkowitz, Attorney-General (Thomas Burke of counsel), for Binghamton State Hospital.

HOWARD A. ZELLER, J.

Upon the trial of this matrimonial action the special guardian of the incompetent defendant moved alternatively for a dismissal of the action or for mistrial. The grounds for special guardian's objection to the prosecution of the action is the civil disability of the plaintiff, who initiated the suit while on parole from a State penitentiary but who was recommitted as a parole violator...

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