Village Apartments v. Novack

The opinion of the court was delivered by

CUFF, P.J.A.D.

This appeal arises from a summary dispossess action brought by Village Apartments of Cherry Hill, N.J. (Village Apartments) against its tenant, defendant Stuart Novack. Novack is incompetent but his guardian was neither named as a party nor appeared at trial. We hold that the trial judge erred when he proceeded to try the case in the absence of defendant’s guardian and reverse due to lack of jurisdiction.

*577The complaint for possession was filed July 23, 2004, and alleged that on June 18, 2004, Novack willfully, or by reason of gross…