Settlement Tenant Signed Before Article 81 Guardian Appointed Is Vacated
LVT Number: #30029
Landlord sued to evict tenant. The housing court appointed a guardian ad litem (GAL) to assist tenant, and tenant signed a settlement agreement with landlord in court. Later, an Article 81 guardian appointed for tenant sued to vacate the housing court settlement. The State Supreme Court ruled for the Article 81 guardian. Landlord appealed and lost. The Article 81 guardian showed that tenant lacked the capacity to enter into the settlement agreement. Tenant had significant intellectual disabilities since childhood and was autistic.
New York Foundation for Senior Citizens v. Hamilton: Index No. 500017/17, 2019 NY Slip Op 02044 (App. Div. 1 Dept.; 3/19/19; Sweeny, JP, Webber, Gesmer, Singh, JJ)