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BRYANT v. RIDDLE

259 A.D.2d 399 (1999)

687 N.Y.S.2d 108

GWENDOLYN R. BRYANT, Respondent, v. ALBERT RIDDLE, Defendant, and CARNEGIE PARTNERS, INC., Appellant.

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

Decided March 23, 1999.

The motion to dismiss was properly denied on the ground that a person of unsound mind but not judicially declared incompetent may sue or be sued in the same manner as any other person (Sengstack v Sengstack, 4 N.Y.2d 502). The cross motion for appointment of a guardian ad litem was properly granted since it appears that plaintiff is an unadjudicated incompetent (see, supra, at 509-510; CPLR 1202). Defendants' argument for...

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