Guardian Ad Litem Signed Settlement Without Talking to Tenant

Landlord sued to evict tenant for nonpayment of rent. The court appointed a guardian ad litem (GAL) for tenant based on a request by the NYC Department of Social Services. The GAL signed a settlement stipulation in court, agreeing to convert the nonpayment to a holdover; entry of a judgment of possession and eviction warrant; and delay of eviction for one month. Later, after being evicted, tenant asked the court to vacate the settlement agreement and the judgment. Tenant now had an attorney and claimed that he only now had become aware of the settlement agreement. The court ruled against tenant. Tenant appealed. The appeals court ruled for tenant in part. Tenant claimed that the GAL lacked authority to sign the settlement agreement. The appeals court didn't rule on that question, but noted that the GAL never met with or talked to tenant either before or after signing the settlement agreement. The agreement wasn't fair to tenant. The court vacated the agreement and the judgment and ordered a trial on the issue of nonpayment. Because a new tenant had moved into the apartment and wasn't made a party to tenant's request to vacate the judgment, tenant couldn't be restored to possession at this point. Tenant would have to renew that request after the trial. The court would then have to balance what would be fair to tenant and to new tenant in deciding whether to restore tenant to possession.

Adelphi Associates, LLC v. Gardner: NYLJ, 1/28/08, p. 41, col. 3 (App. T. 2 Dept.; Pesce, PJ, Golia, Rios, JJ)