Landlord Can Correct Court Papers to Properly Describe Himself

LVT Number: #20605

Landlord sued to evict tenant for nonpayment of rent. Tenant asked the court to dismiss the case. He claimed that landlord's court papers didn't accurately describe landlord or his authority to start the court case. Landlord asked the court for permission to amend its petition to reflect his true capacity as landlord. The court ruled for landlord. Tenant appealed and lost. Mistakes relating to how landlord is described in court papers can be corrected if there is no harm to tenant, and they aren't fatal defects.

Landlord sued to evict tenant for nonpayment of rent. Tenant asked the court to dismiss the case. He claimed that landlord's court papers didn't accurately describe landlord or his authority to start the court case. Landlord asked the court for permission to amend its petition to reflect his true capacity as landlord. The court ruled for landlord. Tenant appealed and lost. Mistakes relating to how landlord is described in court papers can be corrected if there is no harm to tenant, and they aren't fatal defects.

Harold Halle d/b/a Halle Realty Co. v. Abduljaami: NYLJ, 7/29/08, p. 33, col. 2 (App. T. 1 Dept.; Davis, JP, Schoenfeld, Heitler, JJ)