Defects in Petition

LVT Number: 11943

Landlord sued to evict tenant for illegal subletting. Tenant claimed landlord's petition was defective because it misstated the rent regulatory status of the apartment and the identity of the parties. The court ruled for tenant and dismissed landlord's petition, with prejudice. Landlord appealed and won, in part. The lower court was correct to dismiss landlord's petition based on the defects, but it should have done so without prejudice to landlord's right to start a new case for the same reasons.

Landlord sued to evict tenant for illegal subletting. Tenant claimed landlord's petition was defective because it misstated the rent regulatory status of the apartment and the identity of the parties. The court ruled for tenant and dismissed landlord's petition, with prejudice. Landlord appealed and won, in part. The lower court was correct to dismiss landlord's petition based on the defects, but it should have done so without prejudice to landlord's right to start a new case for the same reasons.

U.F.H. Apts., Inc. v. Aedh: NYLJ, p. 28, col. 5 (11/17/97) (App. T. 1 Dept.; Ostrau, PJ, McCooe, Freedman, JJ)