Settlement Tenant Signed Before Article 81 Guardian Appointed Is Vacated

Landlord sued to evict tenant. The housing court appointed a guardian ad litem (GAL) to assist tenant, and tenant signed a settlement agreement with landlord in court. Later, an Article 81 guardian appointed for tenant sued to vacate the housing court settlement. The State Supreme Court ruled for the Article 81 guardian. Landlord appealed and lost. The Article 81 guardian showed that tenant lacked the capacity to enter into the settlement agreement. Tenant had significant intellectual disabilities since childhood and was autistic. As a result, tenant was confused by simple tasks and unable to retain information for any period of time or to adequately process it to prevent harm to himself or his interests. Landlord argued that it was entitled to rely on the GAL's acceptance of the settlement agreement. But the GAL didn't have authority to make decisions on behalf of tenant.

New York Foundation for Senior Citizens v. Hamilton: Index No. 500017/17, 2019 NY Slip Op 02044 (App. Div. 1 Dept.; 3/19/19; Sweeny, JP, Webber, Gesmer, Singh, JJ)