¶1Motion 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 *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.
146 Misc. 332
Marty v. Roberts
City of New York Municipal Court
Decided December 29, 1932
City of New York Municipal Court · decided 1932-12-29
Cited by 2 later decisions — most recently March 1938
2 state decisions
Good law ✅— No negative treatment on recordhow we know
Decided 1932-12-29
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