Appellate Division of the Supreme Court of the State of New York May 29, 1941 (Issem v. Slater)

O’Malley, J.

The motion to vacate the judgment was predicated upon the ground that on the date of the alleged service of the summons the appellant was an infant, seventeen years of age, and that the court never “ acquired jurisdiction * * * since the plaintiff did not comply with section 225 of the Civil Practice Act, nor was a guardian ad litem ever appointed.