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Current as of January 01, 2026 | Updated by Findlaw Staff
1. On the return day of the motion made pursuant to the provisions of either section 1601 or section 1602 the court shall appoint a guardian ad litem for any minor or other person under disability who is a party to the proceeding and is not represented by a duly acting guardian, committee or conservator.
2. On the return day of the motion made pursuant to the provisions of either section 1601 or section 1602, if it appears that a future interest in the affected real property has been so limited that as yet there are neither certain nor presumptive owners thereof in being or ascertained, the court shall appoint a guardian ad litem to represent and to protect the possible interests of the person or persons who eventually may become entitled to such real property, or to an interest therein, under such limitation. The granting of an application is not necessarily precluded by the fact that as yet no person other than the applicant is in being, who can acquire a beneficial or possessory interest in the affected real property.
Cite this article: FindLaw.com - New York Consolidated Laws, Real Property Actions and Proceedings Law - RPA § 1608. Guardians ad litem - last updated January 01, 2026 | https://codes.findlaw.com/ny/real-property-actions-and-proceedings-law/rpa-sect-1608/
FindLaw Codes may not reflect the most recent version of the law in your jurisdiction. Please verify the status of the code you are researching with the state legislature before relying on it for your legal needs.
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