Case Type
Mental Hygiene Law (MHL)
Housing Type
Condo
Court
Supreme Court of the State of New York
County
New York County (Manhattan)
L&T / Index / Case / Docket / Clerk's Number
711383/2020
Slip Opinion Number
2021 NY Slip Op 50611(U) [72 Misc 3d 1204(A)]
Petitioner
In the Matter of the Application of Thomas Pietrantonio, as Guardian for the Person and Property of M.L., A Person Determined to be in Need of a Guardian.
Judge
Gibbons, Wyatt N., J.S.C.
Decision/Order Date
2021-06-28
Posture
Pre-answer Motion by Petitioner
Disposition
Motion Granted for Petitioner
Winner
Landlord Substantially Won
Synopsis
This case involves a motion by the guardian of an incapacitated person seeking an order directing the occupants of a co-op apartment to vacate the premises so that it can be sold to fund the incapacitated person's care. The court finds that the occupants' obstruction of the sale process has dissipated the incapacitated person's assets and endangered her welfare. The court grants the landlord's motion, ordering the occupants to vacate the premises. Key Legal Points: The court has the authority to protect the interests of incapacitated individuals and ensure the proper management of their assets for their care and welfare. Occupants must comply with court orders related to the sale of property owned by an incapacitated person, even if they claim financial hardship or rely on COVID-19-related protections. Failure to comply may result in contempt of court penalties.
Recommended Citation
"Matter of Pietrantonio (M.L.)" (2021). All Decisions. 1515.
https://ir.lawnet.fordham.edu/housing_court_all/1515
