Landlord Must Obtain Leave of Court to Evict Incapacitated Person Peter Moulinos

We recently represented an incapacitated person, Nancy Lynch, who resided in an apartment on the Upper West Side for approximately 55 years. Ms. Lynch’s landlord, which is part of the wealthy Estate of Sol Goldman, sought to evict Ms. Lynch on the basis that she did not reside in the unit, which was rent stabilized. The landlord commenced eviction proceedings.

However, because Ms. Lynch was declared incapacitated by the Supreme Court of the State of New York, and appointed a guardian over her property and person, Peter Moulinos argued that the landlord needed Court approval prior to commencing an eviction proceeding against her. The Civil Court of the City of New York initially refused to dismiss the petition on such basis.

On appeal, the Appellate Term ruled that the eviction proceeding could not proceed without leave of the Supreme Court. This ruling was significant in that it required the landlord to obtain leave of court even though Ms. Lynch was declared incapacitated after the landlord filed the eviction proceeding.

The Appellate Term’s decision is cited as 25 W. 68th St. LLC v. Lynch, 2012 NY Slip Op 50843(U), 35 Misc 3d 138(A).

About Peter Moulinos
The founder and partner of Moulinos & Associates LLC. His experience as an attorney includes practice on matters involving commercial law, real estate law, litigation, international law, employment law, estate practice and trademark matters.

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