Landlord Can't Amend Nonpayment Petition

May 31, 2004

LVT Number: 17364

Landlord sued to evict tenant for nonpayment of rent. Landlord later asked the court for permission to amend the petition to add a claim for additional rent. The court ruled against landlord. Landlord appealed and lost. Landlord couldn't amend the petition to include a claim for back rent covered by the final judgment in a prior nonpayment case. That judgment was deemed satisfied, and landlord showed no reason why he should be permitted to amend the current petition.

Landlord sued to evict tenant for nonpayment of rent. Landlord later asked the court for permission to amend the petition to add a claim for additional rent. The court ruled against landlord. Landlord appealed and lost. Landlord couldn't amend the petition to include a claim for back rent covered by the final judgment in a prior nonpayment case. That judgment was deemed satisfied, and landlord showed no reason why he should be permitted to amend the current petition.

Fenwick v. Price: NYLJ, 5/24/04, p. 28, col. 4 (App. T. 1 Dept.; Suarez, PJ, McCooe, Davis, JJ)

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