Despite an extremely frustrating series of failures by defendant Brunnelle to appear for examination before trial, substantial evidence is presented to indicate that said defendant "is an adult incapable of adequately * * * defending his rights" (CPLR 1201). If indeed he is so incapable, there must be a guardian ad litem for him (CPLR 1201). The courts do not "shut their eyes to the special need of protection of a litigant actually incompetent but not yet judicially declared...
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