§ 1608 — Guardians ad litem

New York § 1608

• Jurisdiction: New York
• Law RPA: Real Property Actions & Proceedings
• Art. 16: Judicial Authorization of Sale, Lease, Mortgage, Acquisition, Exchange or Voluntary Partition

Text

§ 1608. Guardians ad litem. 1. On the return day of the motion made\npursuant to the provisions of either section 1601 or section 1602 the\ncourt shall appoint a guardian ad litem for any minor or other person\nunder disability who is a party to the proceeding and is not represented\nby a duly acting guardian, committee or conservator.\n 2. On the return day of the motion made pursuant to the provisions of\neither section 1601 or section 1602, if it appears that a future\ninterest in the affected real property has been so limited that as yet\nthere are neither certain nor presumptive owners thereof in being or\nascertained, the court shall appoint a guardian ad litem to represent\nand to protect the possible interests of the person or persons who\neventually may become entitled to such real property, or to an interest\ntherein, under such limitation. The granting of an application is not\nnecessarily precluded by the fact that as yet no person other than the\napplicant is in being, who can acquire a beneficial or possessory\ninterest in the affected real property.\n