Article 81 Guardian Can Vacate Agreement Signed by Guardian Ad Litem

Landlord sued to evict apartment occupant after tenant moved out of the apartment. Because occupant had a history of psychological disorders and borderline intellectual functioning, the court appointed a guardian ad litem (GAL) to help occupant understand his rights. Two weeks later, the GAL signed a settlement agreement in court. The agreement gave landlord a judgment of possession. An eviction warrant also was issued but delayed for six months. Shortly thereafter, DSS sought appointment of an Article 81 guardian for occupant. A guardian was appointed in 2002. Although landlord never sought to actually evict occupant, the guardian asked the court to vacate the settlement agreement. The guardian claimed that the GAL didn't adequately protect occupant's possible pass-on rights to the apartment. The court ruled against the guardian. He appealed and won. There was good cause to vacate the agreement. Occupant or the GAL inadvertently or inadvisably executed the agreement, to occupant's detriment. And landlord didn't raise the issue of occupant's undue delay until the appeal, so that issue couldn't be addressed by the court.

NYCHA v. Jackson: NYLJ, 3/3/08, p. 37, col. 6 (App. Div. 2 Dept.; Skelos, JP, Fisher, Dillon, McCarthy, JJ)