Tenant's Guardian Not Liable for Attorney's Fees

Landlord, cooperative apartment owner, sued to evict elderly subtenant when her sublease expired. Due to ill health, tenant failed to appear in court. Landlord got a default judgment against tenant. Adult Protective Services (APS) then intervened, and asked the court to vacate the default judgment. The court ruled for APS and delayed the eviction warrant for three months. In the meantime, tenant entered a nursing home. The nursing home sought appointment of an Article 81 guardian for tenant, because she couldn't handle her own affairs. The guardian paid tenant's back rent. Landlord then asked the court to order the guardian to pay landlord's attorney's fees for the eviction proceeding and the guardianship proceeding. The court ruled against landlord. The guardian wasn't a party to the sublease. And nothing in the proprietary lease between the apartment owner and the cooperative corporation gave landlord any additional rights.

Matter of Gustaitis: NYLJ, 2/6/08, p. 28, col. 1 (Sup. Ct. Queens; Thomas, J)