Landlord Can Amend Petition

September 30, 1998

LVT Number: 12662

Landlord sued to evict rent-stabilized tenant to recover the apartment for owner occupancy. Tenant claimed that landlord's petition was defective and should be dismissed. Landlord's petition didn't state how the nonrenewal/termination notice had been sent, and landlord didn't attach a copy of this notice to his petition. Landlord also stated incorrectly the precise date of tenant's original lease. The court ruled against landlord, and landlord appealed. The appeals court ruled for landlord.

Landlord sued to evict rent-stabilized tenant to recover the apartment for owner occupancy. Tenant claimed that landlord's petition was defective and should be dismissed. Landlord's petition didn't state how the nonrenewal/termination notice had been sent, and landlord didn't attach a copy of this notice to his petition. Landlord also stated incorrectly the precise date of tenant's original lease. The court ruled against landlord, and landlord appealed. The appeals court ruled for landlord. The errors in landlord's court papers weren't defects that prevented the court from hearing the case. The case was reinstated, and landlord's petition was deemed amended.

Jordan v. McCauley: NYLJ, p. 26, col 1 (9/15/98) (App. T. 1 Dept.; McCooe, JP, Davis, Gonzalez, JJ)

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