Matter of R.C. (2009 NY Slip Op 52551(U))
[*1]
Matter of R.C.
2009 NY Slip Op 52551(U) [25 Misc 3d 1242(A)]
Decided on December 11, 2009
Supreme Court, Bronx County
Hunter, J.
Published by New York State Law Reporting Bureau
pursuant to Judiciary Law § 431.
This opinion is uncorrected and will not be
published in the printed Official Reports.
Decided on December 11, 2009
Supreme Court, Bronx County
In the Matter of the
Application of New York Foundation for Senior Citizens, Guardian Services, Inc. as Guardian
for R.C., An Incapacitated Person, Respondent.
2804/08
Attorney for IP's Guardian, New York Foundation for Senior Citizens, Guardian
Services, Inc.: Morris Mitrani, Esq.
Attorney for Landlord 2383 Realty Corp.: Eric Wughalter, Esq.
Alexander W. Hunter, J.
The application by order to show cause by New York Foundation for Senior
Citizens, Guardian Services, Inc. (hereinafter "New York Foundation") for an order vacating and
setting aside the judgment and warrant of eviction entered against R.C. (hereinafter "IP") in the
context of a summary holdover eviction proceeding captioned 2383 Realty Corp. v. R.C.,
Index No.: L & T 12508/2008, and directing the landlord, 2383 Realty Corp. to issue a
rent-stabilized lease to the IP, is granted. The further request for attorneys' fees and monetary
damages against the landlord, is likewise granted.
New York Foundation was appointed to serve as guardian of the person and property of the
IP by order and judgment dated December 17, 2008. Said order and judgment gave New York
Foundation the power to defend any civil judicial proceeding including the eviction action
pending in Civil Court against the IP. The order and judgment also stayed the landlord, its