Petition Can't Be Amended to Substitute New Landlord

Landlord sued to evict rent-stabilized tenant for nonprimary residence. Nineteen months after starting the case, landlord asked the court for permission to amend the petition to substitute new landlord as petitioner. The court ruled against landlord. The case was started on Sept. 18, 2003, when the petition was delivered to tenant. A day earlier, on Sept. 17, landlord transferred the building to new landlord. Original landlord's attorney submitted a statement that new landlord was a newly converted LLC entity related to original landlord. So landlord argued that it was merely substituting a new entity. But landlord didn't explain why it waited 19 months to seek to amend the petition. And landlord's request wasn't supported by any sworn statement by someone with personal knowledge.

Uptown Realty Group v. Buffaloe: NYLJ, 6/29/05, p. 18, col. 3 (Civ. Ct. NY; Capella, J)