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GANIEV v. NAZI

189 Misc.2d 83 (2001)

730 N.Y.S.2d 661

MARAT GANIEV et al., Respondents, v. ELIAS NAZI, Defendant, and AFRAM E. NAZI, Appellant.

Supreme Court, Appellate Term, Second Department.

May 18, 2001.

Attorney(s) appearing for the Case

Diamond, Paino, Cardo, King, Peters & Fodera and Mauro Goldberg & Lilling L. L. P., Great Neck (Caryn L. Lilling of counsel), for appellant.

Taller & Wizman, P. C., Forest Hills, for respondents.

ARONIN, J. P., GOLIA and RIOS, JJ., concur.

OPINION OF THE COURT

MEMORANDUM.

Order unanimously modified by providing that (1) appellant's motion to serve an amended answer so as to allege the incapacity of the infant plaintiff, Eldar Ganiev, to commence the action and, upon said amendment, dismissing Eldar Ganiev's action is denied on condition that plaintiffs, within 90 days of the date of the order hereon, obtain new representation and apply to the trial court for the appointment of a guardian...

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