Guardian Appointed for Tenant

November 1, 1996

LVT Number: 11039

Landlord cooperative building sued to evict co-op tenant for not curing substantial violations of her lease. Landlord claimed that tenant created a nuisance because she harbored cats and pigeons in and around her apartment, creating unhealthy conditions. Landlord also claimed that tenant physically and verbally abused other tenants. Tenant didn't appear in court, and the court ruled for landlord. Tenant then asked the court to vacate the default judgment. DSS also asked to intervene in the case and have a guardian appointed for tenant. The court ruled for tenant and reopened the case.

Landlord cooperative building sued to evict co-op tenant for not curing substantial violations of her lease. Landlord claimed that tenant created a nuisance because she harbored cats and pigeons in and around her apartment, creating unhealthy conditions. Landlord also claimed that tenant physically and verbally abused other tenants. Tenant didn't appear in court, and the court ruled for landlord. Tenant then asked the court to vacate the default judgment. DSS also asked to intervene in the case and have a guardian appointed for tenant. The court ruled for tenant and reopened the case. DSS showed that tenant was mentally impaired and unable to defend herself in court. The default judgment was vacated, and DSS was permitted to apply for appointment of a guardian for tenant.

Deepdale Gardens Third Corp. v. Knox: NYLJ, p. 26, col. 1 (10/1/96) (Sup. Ct. Queens; Satterfield, J)

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