Guardian Ad Litem Not Needed

July 31, 2005

LVT Number: 18256

(Decision submitted by William J. Neville of the Manhattan law firm of Mitofsky Shapiro Neville & Hazen, LLP, attorneys for the landlord.) Landlord sued to evict tenant. The court ruled for landlord and issued an eviction warrant. More than two weeks later, occupant moved into the apartment. He sought to vacate the eviction and asked for appointment of guardian ad litem. The court ruled against occupant. Landlord showed that occupant lived in Massachusetts until after the eviction warrant was issued. So he had no claim to the apartment.

(Decision submitted by William J. Neville of the Manhattan law firm of Mitofsky Shapiro Neville & Hazen, LLP, attorneys for the landlord.) Landlord sued to evict tenant. The court ruled for landlord and issued an eviction warrant. More than two weeks later, occupant moved into the apartment. He sought to vacate the eviction and asked for appointment of guardian ad litem. The court ruled against occupant. Landlord showed that occupant lived in Massachusetts until after the eviction warrant was issued. So he had no claim to the apartment. Tenant had surrendered possession, so any license to occupy the apartment had expired. Even if a guardian ad litem were appointed, there was no defense.

Lincoln Plaza Assocs. v. Ellis: L&T Index No. 61401/05 (Civ. Ct. NY 7/20/05; Wendt, J) [2-pg. doc.]

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