Marty v. Roberts

City of New York Municipal Court

Marty v. Roberts

146 Misc. 332, 261 N.Y.S. 144, 1932 N.Y. Misc. LEXIS 1677

CourtCity of New York Municipal Court

DecidedDecember 29, 1932

StatusPublished

Cited by2 cases

This text of 146 Misc. 332 (Marty v. Roberts) is published on Counsel Stack Legal Research, covering City of New York Municipal Court primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

Marty v. Roberts, 146 Misc. 332, 261 N.Y.S. 144, 1932 N.Y. Misc. LEXIS 1677 (N.Y. Super. Ct. 1932).

Pincite

Opinion

Steuer, J.

Motion to confirm referee’s report granted. Upon confirmation the judgment entered herein December 13, 1932, is vacated and the complaint dismissed. Because of the failure to [333]*333have a guardian ad litem appointed for the infant defendant no jurisdiction was acquired. Jurisdiction could not be acquired in this action by the infant’s coining of age. The situation involving an infant plaintiff is altogether different, as then the failure to appoint is only an irregularity. Plaintiff’s remedy is to start a new action and to apply to the discretion of the court for a preference. Order signed.

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Steuer, J.

Motion to confirm referee’s report granted. Upon confirmation the judgment entered herein December 13, 1932, is vacated and the complaint dismissed. Because of the failure to [333]*333have a guardian ad litem appointed for the infant defendant no jurisdiction was acquired. Jurisdiction could not be acquired in this action by the infant’s coining of age. The situation involving an infant plaintiff is altogether different, as then the failure to appoint is only an irregularity. Plaintiff’s remedy is to start a new action and to apply to the discretion of the court for a preference. Order signed.

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Bluebook (online)

146 Misc. 332, 261 N.Y.S. 144, 1932 N.Y. Misc. LEXIS 1677, Counsel Stack Legal Research, https://law.counselstack.com/opinion/marty-v-roberts-nynyccityct-1932.

Opinion

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