The following excerpt is from Matter of Mars, 201 Misc. 329 (N.Y. Surr. Ct. 1952):
Were the guardian ad litem a party, then it would seem under well-settled practice principles that an action should be brought by or against the guardian ad litem rather than by or against the infant or incompetent. The proper practice is for an action to be brought in the name of the infant or incompetent, the real and actually the only party, by or through the guardian ad litem as his representative. (Perkins v. Stimmel, 114 N.Y. 359.)
In Segelken v. Meyer (94 N.Y. 473) the objection was made that the action was improperly brought by the infant in his own name by his guardian ad litem, and that it should have been brought by the general guardian of the infant in his own name as such general guardian, to which the court answered (p. 480): "We think that the action was well brought in the name of the infant by his guardian ad litem".
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