Eviction Warrant Vacated Against Mentally Incompetent Tenant

September 30, 1995

LVT Number: 9043

Landlord sued to evict tenant for nonpayment of rent. Tenant didn't defend the case, and the judge issued an eviction warrant. DSS then asked the court for permission to intervene in the case. It also asked the court to vacate the eviction warrant and to appoint a guardian to protect tenant's interests. A DSS psychiatrist had examined tenant and determined that tenant needed psychiatric help. The court agreed to DSS's request. It vacated the eviction warrant and appointed a guardian to represent tenant.

Landlord sued to evict tenant for nonpayment of rent. Tenant didn't defend the case, and the judge issued an eviction warrant. DSS then asked the court for permission to intervene in the case. It also asked the court to vacate the eviction warrant and to appoint a guardian to protect tenant's interests. A DSS psychiatrist had examined tenant and determined that tenant needed psychiatric help. The court agreed to DSS's request. It vacated the eviction warrant and appointed a guardian to represent tenant.

Silver & Junger v. Miklos: NYLJ, p. 23, col. 4 (8/24/94) (Civ. Ct. Bronx; Hoahng, J)

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