Tenant May Need Guardian Ad Litem

March 24, 2014

LVT Number: #25405

Landlord sued to evict tenant, whose family claimed that tenant needed a guardian ad litem (GAL) during the court proceeding. The court ruled against tenant, who appealed and won. The appeals court sent the case back for a hearing by a different judge as to whether tenant was an adult incapable of defending his own rights, who therefore required the appointment of a GAL. Tenant and his family may also seek appointment of an Article 81 guardian in State Supreme Court, if warranted.

Landlord sued to evict tenant, whose family claimed that tenant needed a guardian ad litem (GAL) during the court proceeding. The court ruled against tenant, who appealed and won. The appeals court sent the case back for a hearing by a different judge as to whether tenant was an adult incapable of defending his own rights, who therefore required the appointment of a GAL. Tenant and his family may also seek appointment of an Article 81 guardian in State Supreme Court, if warranted.

NYCHA-Ingersoll Houses v. Swain: Index No. 1007/2013, NYLJ No. 1202645692553 (App. T. 2 Dept.; 2/26/14)

Topics

More like this