The motion to dismiss was properly denied on the ground that a person of unsound mind but not judicially declared incompetent may sue or be sued in the same manner as any other person ( Sengstack v. Sengstack, 4 N.Y.2d 502). The cross motion for appointment of a guardian ad litem was properly granted since it appears that plaintiff is an unadjudicated incompetent ( see, supra, at 509-510; CPLR 1202). Defendants' argument for dismissal is hardly advanced by cases denying a default judgment against a person whose mental competency is questionable and for whom a guardian ad litem has not been appointed ( e.g., Sarfaty v. Sarfaty, 83 A.D.2d 748).
Concur — Rosenberger, J. P., Nardelli, Williams and Wallach, JJ.