Tenant Didn't Prove Her Son Needed a Guardian Ad Litem During Trial

Landlord sued to evict tenant and her adult son for creating a nuisance in their apartment. After trial, the court ruled for landlord and issued an eviction warrant. But since only the tenant's son engaged in objectionable conduct, the court ruled that the eviction warrant would be stayed against tenant provided that the son move out. Although the son did move out, tenant appealed, claiming that the court should have appointed a guardian ad litem (GAL) to protect the son's rights in court. The appeals court ruled against tenant. Neither tenant nor her son sought appointment of a GAL from the trial court. Tenant also failed to show how any failure to appoint a GAL for her son prevented her or her attorneys from presenting a defense or otherwise deprived her of a fair trial. Tenant was impermissibly seeking to assert her son's rights and hadn't shown that she was aggrieved by the claimed denial of his rights. There also was no indication that tenant's son was incapable of defending his rights at trial.

Fotios Lountzis LLC v Ghauri: 60 Misc.3d 137(A), 2018 NY Slip Op 51086(U) (App. T. 2 Dept.; 7/6/18; Weston, JP, Elliot, Siegal, JJ)