Greene v. Resch

OPINION OF THE COURT

Ira B. Harkavy, J.

Is it incumbent upon a landlord to invade the province of psychiatry and to make inquiry into the mental status of a tenant before commencing a summary proceeding? The issue presented in the instant case is whether the court should set aside a default judgment entered against an incompetent party, who has not been judicially declared so, because the party was allegedly incapable of reacting to the service of process. Was it the responsibility of the landlord or of the respondent’s family to have a guardian or conservator appointed for the alleged…