Landlord Didn't Sign Notice of Petition

November 1, 1999

LVT Number: 13639

Landlord sued to evict tenant. Tenant claimed that landlord's papers were defective because landlord's attorney didn't sign the notice of petition. The court ruled against tenant. Tenant appealed and lost. Landlord's attorney signed the verified petition, but didn't sign the notice of petition that went with it. Signing the petition alone was enough to prevent a fatal procedural defect in the court papers. And court rules permit the correction of a failure to sign a document, such as the notice of petition, once it's called to the attention of the attorney or party who didn't sign.

Landlord sued to evict tenant. Tenant claimed that landlord's papers were defective because landlord's attorney didn't sign the notice of petition. The court ruled against tenant. Tenant appealed and lost. Landlord's attorney signed the verified petition, but didn't sign the notice of petition that went with it. Signing the petition alone was enough to prevent a fatal procedural defect in the court papers. And court rules permit the correction of a failure to sign a document, such as the notice of petition, once it's called to the attention of the attorney or party who didn't sign.

313 W. 57th Assocs. v. Gordon: NYLJ, p. 24, col. 3 (10/12/99) (App T.1 Dept.; Parness, PJ, McCooe, Davis, JJ)

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