We note that, upon being advised by tenant’s counsel that tenant was an adult incapable of protecting her own rights, it was the duty of the court to determine if this were the case and, if so, to appoint a guardian ad litem (see Sengstack v Sengstack, 4 NY2d 502, 509 [1958]; Sarfaty v Sarfaty, 83 AD2d 748 [1981]; Barone v Cox, 51 AD2d 115 [1976]). A court may not shut its eyes to the special need of protection that such a litigant has (Resmae Mtge. Corp. v Jenkins, 115 AD3d 926 [2014]; Shad v Shad, 167 AD2d 532 [1990]; see Sengstack, 4 NY2d at 509). At the direction of this court (2013 NY Slip Op 83210[U] [Aug. 16, 2013]), a hearing was held by the Civil Court (Thomas M. Fitzpatrick, J.), at which simple questions by the court revealed that tenant was in need of a GAL, and one was appointed by order dated November 17, 2013. In view of this November 17, 2013 determination, any proceedings adverse to tenant would have, in any event, been vacated by this court (see Cowell v Dickoff, 60 AD3d 716 [2009]; Sarfaty, 83 AD2d 748). Pesce, P.J., Aliotta and Elliot, JJ., concur.