Landlord's Petition Defective

March 1, 1993

LVT Number: 6778

Landlord sued to evict occupant, claiming that he was a squatter. Occupant claimed that landlord's petition was defective, and the court agreed. Landlord's petition described the premises as "Apt. No. HOUSE on the ALL floor consisting of ALL rooms in premises located at 984 Sutter Avenue.'' Landlord posted one notice of petition and petition on the common entrance door to the building. However, the building was a two-family dwelling. Although landlord didn't know the living arrangements of the squatters, landlord should have at least served petitions at both units inside the building.

Landlord sued to evict occupant, claiming that he was a squatter. Occupant claimed that landlord's petition was defective, and the court agreed. Landlord's petition described the premises as "Apt. No. HOUSE on the ALL floor consisting of ALL rooms in premises located at 984 Sutter Avenue.'' Landlord posted one notice of petition and petition on the common entrance door to the building. However, the building was a two-family dwelling. Although landlord didn't know the living arrangements of the squatters, landlord should have at least served petitions at both units inside the building.

[The City of New York v. Mortel: NYLJ, p. 24, col. 5 (2/2/93) (Civ. Ct. Kings; Johnson, J)].

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