ROACH v. BENJAMIN

3593N, 100434/09.

78 A.D.3d 468 (2010)

909 N.Y.S.2d 635

RICHARD ROACH, Respondent, v. ELIZABETH BENJAMIN, Appellant.

Appellate Division of the Supreme Court of New York, First Department.

Decided November 9, 2010.


When defendant failed to appear at a hearing on June 24, 2009, the court granted judgment of possession and $6,129 in rent arrears to plaintiff landlord, which was entered on September 3. Defendant's submissions herein, on her motion to "nullify[ ] all proceedings in this action which occurred after the filing of the Complaint," were insufficient to demonstrate that she was incapable of prosecuting or defending her rights (thus necessitating appointment of a guardian), or...

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