Request for Guardian Denied in Tenant Nuisance Case

March 1, 2008

LVT Number: #20234

(Decision submitted by William J. Neville of the Manhattan law firm of Mitofsky Shapiro Neville & Hazen LLP, who represented the landlord.) Landlord sued to evict tenant for creating a nuisance. The court ruled for landlord based on tenant's failure to appear in court. Adult Protective Services (APS) then asked the court to delay the eviction, reopen the case, and appoint a guardian for tenant. The court ruled against APS and said that APS must relocate tenant. Tenant presented no reasonable defense to landlord's claim.

(Decision submitted by William J. Neville of the Manhattan law firm of Mitofsky Shapiro Neville & Hazen LLP, who represented the landlord.) Landlord sued to evict tenant for creating a nuisance. The court ruled for landlord based on tenant's failure to appear in court. Adult Protective Services (APS) then asked the court to delay the eviction, reopen the case, and appoint a guardian for tenant. The court ruled against APS and said that APS must relocate tenant. Tenant presented no reasonable defense to landlord's claim. The court indicated that APS presented no plan and stated that APS should commence an Article 81 guardianship proceeding in State Supreme Court on tenant's behalf.

Community Access, Inc. v. Francis: L&T Index No.089729/2007 (1/29/08) (Civ. Ct. NY; Chin, J) [1-pg. doc.]

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