Shad v. Shad – Case Brief Summary (New York)

In Shad v. Shad (167 AD2d 532, 562 N.Y.S.2d 202 2nd Dept., 1990) the husband obtained a default judgment against his wife who was mentally ill and under long term psychiatric care.

The relief obtained on default included the sale of the marital residence and a warrant of eviction to remove the wife from the marital residence.

The Appellate Division held that a hearing was required to determine whether a guardian ad litem should be appointed for the wife, and further held ".. . if the appointment of a guardian ad litem is deemed necessary, the wife is granted a stay of the eviction for 60 days following the appointment ... (Id at 532)." There was no finding that the underlying judgment should be vacated.