Landlord Can Amend Mistake in Petition

Landlord sued to evict tenant to recover apartment for owner occupancy. Landlord stated in his petition that tenant remained as a month-to-month tenant after his rent-stabilized lease expired. Tenant claimed that if he was a month-to-month tenant, landlord should have sent him a 30-day termination notice rather than a ''150-120'' notice of nonrenewal of the stabilized lease. Landlord asked for permission to amend his petition. The court ruled for tenant and dismissed the case. Landlord appealed, claiming that he simply made a mistake in calling tenant a month-to-month tenant. The appeals court ruled for landlord. Both the termination notice and the petition properly stated the rent-stabilized status of the apartment. Landlord's mistake didn't mislead tenant or cause any harm. The case was sent back, and landlord was permitted to correct his mistake.

Gagen v. Hague: NYLJ, p. 28, col. 5 (10/22/98) (App. T. 1 Dept.; McCooe, JP, Davis, Gonzalez, JJ)