In State of New York v. Kama (267 AD2d 225 [2d Dept 1999]), the Court stated: "The record reveals that the plaintiff was on notice that the defendant suffered from a mental disability. Accordingly, the burden was on the State the plaintiff to bring that fact to the attention of the court to make a suitable inquiry into whether a guardian ad litem was needed before judgment could be entered. As the State plaintiff failed to do so, the judgment must be vacated."