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SOUTHERN INDUS., INC. v. ESSKAY FABRICS, INC.

81 A.D.2d 647 (1981)

Southern Industries, Inc., Respondent, v. Esskay Fabrics, Inc., et al., Defendants, and Al Rosen, Appellant. (Action No. 1.) Lawrence S. Kryger, Respondent, v. Inn Fabrics, Inc., et al., Defendants, and Al Rosen, Appellant. (Action No. 2.)

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

April 24, 1981

Order modified by deleting the provisions appointing a guardian ad litem and providing for payment of his fees. As so modified, order affirmed, without costs or disbursements.

The trial is to proceed forthwith. Inasmuch as the nature of appellant's physical impairment does not extend to his mental capability, the appointment of a guardian ad litem is unnecessary (see CPLR 321, 1201; cf. Sengstack v Sengstack, 4 N.Y.2d 502

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