Court Appoints GAL After Nonpayment Case Settled by Stipulation Given APS Report
LVT Number: #33384
Landlord sued to evict tenant for nonpayment of rent. Landlord and tenant signed a settlement stipulation in court by which landlord was granted a judgment of possession and an eviction warrant, stayed so that tenant could pay the back rent. Tenant had no attorney, and the court directed landlord to have the Marshal notify Adult Protective Services (APS) to visit tenant. APS did so and determined that tenant was unable to adequately defend his rights in the case. The city then asked the court to appoint a guardian ad litem (GAL) for tenant. Landlord opposed this request, arguing that tenant had received the benefit of the bargain in the so-ordered settlement stipulation. The court ruled against landlord. A court can appoint a GAL at any stage of a proceeding on its own initiative. And the report by APS indicated that the elderly tenant was in decline to an extent greater than previously exhibited in court. Tenant was 80 years old and had lived in the apartment for 40 years.
29-07 Broadway LLC v. Kiriasis: Index No. lT-300191-24, 2024 NY Slip Op 51084(U), 83 Misc.3d 1272(A)(Civ. Ct. Queens; 8/16/24; Sanchez, J)