Landlord Can Amend Petition

August 31, 2006

LVT Number: 19078

Landlord sued to evict tenant for nonpayment of rent. After the trial, landlord asked the court for permission to amend its petition to properly state the rent regulatory status of tenant's apartment. Tenant argued that the court should dismiss the case because of landlord's error in the original petition. The court ruled for landlord. Tenant appealed and lost. Tenant didn't object to landlord's mistake during trial or show that she was harmed by the error. The original petition set forth sufficient facts for tenant to present her defense.

Landlord sued to evict tenant for nonpayment of rent. After the trial, landlord asked the court for permission to amend its petition to properly state the rent regulatory status of tenant's apartment. Tenant argued that the court should dismiss the case because of landlord's error in the original petition. The court ruled for landlord. Tenant appealed and lost. Tenant didn't object to landlord's mistake during trial or show that she was harmed by the error. The original petition set forth sufficient facts for tenant to present her defense.

Coalition Houses LP v. Bonano: NYLJ, 8/8/06, p. 30, col. 1 (App. T. 1 Dept.; McCooe, JP, Gangel-Jacob, Schoenfeld, JJ)

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