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.

New York Appellate Division Case Brief Eviction Guardian Ad Litem Judgment Judgment by Default Legal Guardianship Warrant

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