Guardian Appointed for Tenant

June 30, 2000

LVT Number: 14227

Landlord sued to evict tenant and got a judgment of possession when tenant didn't appear in court. A guardian then asked the court to vacate the judgment. The court ruled in the guardian's favor and reopened the case. Although landlord claimed to have no notice of tenant's mental disability, an Article 81 guardian had previously been appointed for tenant, rent checks were sent to landlord by Protective Services for Adults, landlord's attorney had described tenant's conduct as ''strange,'' and landlord had claimed that tenant's behavior disturbed life for other tenants.

Landlord sued to evict tenant and got a judgment of possession when tenant didn't appear in court. A guardian then asked the court to vacate the judgment. The court ruled in the guardian's favor and reopened the case. Although landlord claimed to have no notice of tenant's mental disability, an Article 81 guardian had previously been appointed for tenant, rent checks were sent to landlord by Protective Services for Adults, landlord's attorney had described tenant's conduct as ''strange,'' and landlord had claimed that tenant's behavior disturbed life for other tenants.

Surrey Hotel Assocs. LLC v. Sabin: NYLJ, 6/29/00, p. 28, col. 4 (Civ. Ct. NY; Lau, J)

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