Eviction Warrant Vacated Against 79-Year-Old Tenant

June 30, 2002

LVT Number: 15971

Landlord sued to evict 79-year-old tenant for creating a nuisance based on the condition of her apartment. Tenant didn't appear in court, and the court issued a default judgment in landlord's favor. After her eviction, tenant asked the court to vacate the judgment and restore her to possession. The court ruled for tenant. There was some question as to whether tenant was competent to represent herself. She might require a court-appointed guardian. Landlord hadn't notified the court of this issue. So the court vacated the judgment and eviction warrant and reopened the case.

Landlord sued to evict 79-year-old tenant for creating a nuisance based on the condition of her apartment. Tenant didn't appear in court, and the court issued a default judgment in landlord's favor. After her eviction, tenant asked the court to vacate the judgment and restore her to possession. The court ruled for tenant. There was some question as to whether tenant was competent to represent herself. She might require a court-appointed guardian. Landlord hadn't notified the court of this issue. So the court vacated the judgment and eviction warrant and reopened the case.

Roe Corp. v. Jane Doe: NYLJ, 6/21/02, p. 23, col. 2 (Dist. Ct. Nassau; Gartner, J)

Topics

More like this