Judgment for Landlord Vacated Where Occupant Showed Mental Illness After Trial

May 24, 2019

LVT Number: #30133

Landlord sued to evict apartment occupant after rent-stabilized tenant was no longer in the unit. The trial court ruled for landlord. A bit later, occupant asked the court to vacate the judgment and reopen the case for good cause shown. The court ruled for occupant and reopened the case. The court found that he didn't receive a fair trial due to severe mental illness that trial counsel failed to bring to the court's attention while the case was pending. Occupant's new attorney showed that he had suffered for decades with mental illness, including bipolar disorder.

Landlord sued to evict apartment occupant after rent-stabilized tenant was no longer in the unit. The trial court ruled for landlord. A bit later, occupant asked the court to vacate the judgment and reopen the case for good cause shown. The court ruled for occupant and reopened the case. The court found that he didn't receive a fair trial due to severe mental illness that trial counsel failed to bring to the court's attention while the case was pending. Occupant's new attorney showed that he had suffered for decades with mental illness, including bipolar disorder. A guardian ad litem should have been appointed for  occupant. And new documents showed that occupant might have a valid succession claim. So the judgment was vacated.

Cabrini Blockfront LLC v. Norat: Index No. 58674/17, NYLJ No. 1554878771 (Civ. Ct. NY; 3/26/19; Schneider, J)

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