Practice point: Absent a judicial declaration of incompetence, a person of unsound mind may sue or be sued in the same way as any other person.
Student note: A motion to amend to add a defense will be denied if the proposed amendment is palpably insufficient as a matter of law.
Case: Rivera v. New York City Tr. Auth., NY Slip Op 05451 (1st Dep't July 7, 2016)
Here is the decision.
Tomorrow's issue: A dismissed claim of malicious prosecution.