The defendant moves, pursuant to subdivision 2 of rule 107 of the Rules of Civil Practice to dismiss the claim because the claimant "has not legal capacity to sue". Said claimant is incarcerated in Sing Sing Prison serving a sentence of 5 to 10 years.
The movant relies upon section 510 of the Penal Law, bearing the heading "Forfeiture of office and suspension of civil rights", which suspends, during the term of claimant's sentence...
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