VINOKUR v. BALZARETTI


62 A.D.2d 990 (1978)

Shimon Vinokur, Respondent, v. Angelina Balzaretti et al., Appellants

Appellate Division of the Supreme Court of the State of New York, Second Department.

April 3, 1978


Order reversed, without costs or disbursements, and action remanded to Special Term for further proceedings not inconsistent herewith.

In our opinion, it was an abuse of discretion for Special Term to have denied, without a hearing, the motion to determine defendant's fitness to adequately defend her rights in the light of the strong allegations of senility presented in the moving affidavits. The fact that she was adequately represented by counsel in the proceedings...

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