Legal Question in Landlord & Tenant Law in New York

In NY can a defendant in a small claims action appoint a respresentative (not an attorney) to act in her stead. In this case, the defendant resides in Italy but owns a home in NY. She rented the home for a four day period of time and plaintiff is suing for return of all monies paid claiming the house was uninhabitable due to the fridge nbnot being cold enough. I was the real estate agent who dealt with the rental and she would like me to appear on her behalf.


Asked on 1/09/12, 7:21 pm

2 Answers from Attorneys
Nancy Delain Delain Law Office, PLLC

No. A person can represent themselves in court, but the only person who can appear in court on behalf of another person is an attorney. Real estate agents, unless they are attorneys, cannot represent their clients in court; doing so would be unauthorized practice of law (UPL). UPL is one of those offenses that just might cost you your license to sell real estate.

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Answered on 1/09/12, 9:05 pm
Michael Markowitz Michael A. Markowitz, PC

No, unless that person is admitted, in good standing, to practice law before the courts of New York State.

Mike.

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Answered on 1/10/12, 5:59 am


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