Default Judgment Vacated

Landlord sued to evict elderly rent-controlled tenant for creating a nuisance. Even before starting the case, landlord had informed the DSS Protective Services for Adults (PSA) unit that tenant would need a guardian appointed to represent her in court. Neither tenant nor PSA appeared on two court dates. The court ruled for landlord based on tenant's default. Two months later, PSA asked the court to appoint a guardian, to vacate the default judgment, and to dismiss the case because tenant was incapable of defending herself. The court ruled for tenant in part. A guardian was appointed, and the default judgment was vacated. But the case wasn't dismissed. Landlord was entitled to sue tenant, even if she wasn't capable of responding. And, although not required to do so, landlord had delivered to PSA copies of its eviction petition and had continually contacted PSA to try to get a guardian appointed for tenant.

124 Macdougal St. Assocs. v. Hurd: NYLJ, 2/2/00, p. 28, col. 4 (Civ. Ct. NY; Scheckowitz, J)