Judgment Against Tenant Vacated

July 31, 2000

LVT Number: 14309

Landlord sued to evict tenant for nuisance. The court ruled for landlord after tenant didn't appear in court. A guardian later was appointed for tenant, who was found to be incompetent. Tenant asked the court to vacate the default judgment. The court ruled against tenant. Tenant appealed and won. The court didn't have authority to issue a judgment against someone who wasn't capable of defending his rights until a guardian was appointed. Since a guardian in this case was appointed after the default judgment was issued, it should have been vacated.

Landlord sued to evict tenant for nuisance. The court ruled for landlord after tenant didn't appear in court. A guardian later was appointed for tenant, who was found to be incompetent. Tenant asked the court to vacate the default judgment. The court ruled against tenant. Tenant appealed and won. The court didn't have authority to issue a judgment against someone who wasn't capable of defending his rights until a guardian was appointed. Since a guardian in this case was appointed after the default judgment was issued, it should have been vacated.

Chiel Kurz Realty Co. v. TVI Lipe Weitzman: NYLJ, 7/24/00, p. 32, col. 1 (App. T.2 Dept.; Aronin, PJ, Chetta, Patterson, JJ)

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