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BREWSTER v. JOHN HANCOCK MUTUAL LIFE INSURANCE COMPANY

280 A.D.2d 300 (2001)

720 N.Y.S.2d 462

SHIRLEY BREWSTER, Respondent, v. JOHN HANCOCK MUTUAL LIFE INSURANCE COMPANY et al., Defendants, and A. J. CONTRACTING CO., INCORPORATED, Appellant. (And Other Actions.)

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

Decided February 6, 2001.

It has been brought to our attention that while this appeal was pending, but before it had been perfected or submitted, counsel for plaintiff successfully moved to be relieved on the ground that "it appears that Plaintiff has become incompetent to make decisions regarding her case, or to testify in a trial."

CPLR 1201 mandates that an adult incapable of adequately prosecuting or defending his or her rights shall appear by his or her guardian ad litem. Thus, when they...

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