Tenant Not Incompetent

(Decision submitted by William J. Neville of the Manhattan law firm of Mitofsky & Shapiro, attorneys for the landlord.) Landlord sued to evict rent-controlled tenant for nonprimary residence. Tenant was elderly and currently residing in a nursing home. He never appeared in court. Instead the apartment occupant appeared and asked the court to appoint a guardian for tenant. Landlord argued that court had no power to appoint a guardian. Tenant's doctors, the nursing home, and tenant's niece all refused to cooperate with the occupant's request for a guardian. The court ruled against the occupant. While the court did have the authority to appoint a guardian, there was no medical, psycho-logical, or object proof of tenant's incom-petency. Tenant's interests also weren't necessarily the same as the occupant's.

West 49th St. Realty Assocs., L.P. v. Kelfanos: Index No. 112232/96 (3/12/97) [2-page document]