Appellate Division of the Supreme Court of New York, 1936

In re Sidorik

In re Sidorik
Appellate Division of the Supreme Court of New York · Decided November 23, 1936
249 A.D. 647; 291 N.Y.S. 204; 1936 N.Y. App. Div. LEXIS 5379
In re Sidorik

Opinion of the Court

In an action pending between Michael SuM, plaintiff, and Stephen Sidorik, defendant, subsequently declared to be an incompetent, order denying plaintiff’s motion in such action for leave to continue the action against the defend’ant as an incompetent and to make the committee of the incompetent a party defendant, reversed on the law, with ten dollars costs and disbursements, and motion granted, without costs. Even assuming that plaintiff has unreasonably delayed in making the motion, it does not appear that the delay has prejudiced the incompetent or the committee. Young, Hagarty, Johnston, Adel and Taylor, JJ., concur.

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