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ELMORE v. 2720 CONCOURSE ASSOCIATES, L.P.

3968, 3968A, 8580/04.

80 A.D.3d 422 (2011)

914 N.Y.S.2d 139

ERIC ELMORE, JR., et al., Appellants, v. 2720 CONCOURSE ASSOCIATES, L.P., et al., Respondents.

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

Decided January 4, 2011.

"The statutory preference is for a parent to represent the child" (Mazzuca v Warren P. Wielt Trust, 59 A.D.3d 907, 908 [2009]; see CPLR 1201; Sutherland v City of New York, 107 A.D.2d 568 [1985], affd 66 N.Y.2d 800 [1985]). However, CPLR 1201 confers broad authority upon the court to substitute a guardian ad litem for a parent...

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