Subsequent Order Ending Guardianship for Tenant Didn't Require Vacatur of Prior Stipulation

November 27, 2023

LVT Number: #32980

Landlord sued to evict tenant for nonpayment of rent. After the court granted landlord's request to execute a warrant of eviction in October 2022, tenant appealed and lost. Tenant's Article 81 guardian, appointed in 2016, had authority to enter into the 2019 settlement stipulation on tenant's behalf in the eviction case, which led eventually to the eviction. A subsequent, October 2021 ruling in a different court that a guardian was no longer warranted for tenant did not render the 2019 stipulation null and void.

Landlord sued to evict tenant for nonpayment of rent. After the court granted landlord's request to execute a warrant of eviction in October 2022, tenant appealed and lost. Tenant's Article 81 guardian, appointed in 2016, had authority to enter into the 2019 settlement stipulation on tenant's behalf in the eviction case, which led eventually to the eviction. A subsequent, October 2021 ruling in a different court that a guardian was no longer warranted for tenant did not render the 2019 stipulation null and void. Tenant didn't claim any fraud, collusion, mistake, or accident that would warrant a vacatur of the stipulation or eviction warrant. And the settlement of the eviction case waived any newly claimed defects in landlord's petition.

57-59 Second Realty Assoc. LLC v. Chan: Index No. 570544/22, 80 Misc.3d 132(A), 2023 NY Slip Op 51109(U)(App. T. 1 Dept.; 10/18/23; Brigantti, PJ, Tisch, Michael, JJ)

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