Tuesday, July 26, 2016

Lack of capacity as a defense.

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.