Legal Question in Business Law in New York

Incompetence
Two Physicians, Devito and Burke, leased an office suite for five yearsand agreed to share the rent paymrnts equally - even if one of them moved out or was unable to occupy his part of the premises as a result of disability or for any other reason. Two weeks later, Devito consulted a neurologist about his increasing absent mindedness and forgetfulness and discussed the possibility of giving up his practice. A few months later, Devito was diagnosed as suffereing from presenile dementia (premature deterioration of the brain). The condition had been developing slowly for a matter of years, resulting in the progressive loss of memory and other mental abilities. The following year, Devito was so impaired mentally that he had to close his practice and retire. Burke later sued Devito for his share of the remaining rent under the lease. Devito claimed that he had ben mentally incompetent at the time he signed the agreement to share the rent and hence the agreement was voidable at his option. Will Devito prevail in court?

Asked on 8/03/06, 4:59 pm

2 Answers from Attorneys

Nancy Delain Delain Law Office, PLLC

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Re: Incompetence

Your answer depends on whether Devito is found by a court of competent jurisdiction to have been legally incompetent at the time he signed the contract.

Legal competency does NOT equal medical/physical competency.

THE INFORMATION PRESENTED HERE IS GENERAL IN NATURE AND IS NOT INTENDED, NOR SHOULD IT BE CONSTRUED, AS LEGAL ADVICE. FOR SPECIFIC ADVICE ABOUT YOUR PARTICULAR SITUATION, CONSULT YOUR ATTORNEY.

Answered on 8/03/06, 5:14 pm

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