Petition Didn't Describe Type of Building

Landlord sued to evict tenant. Tenant didn't appear in court, and landlord asked the court to rule in his favor based on tenant's default. The court ruled against landlord because landlord's petition contained a serious defect. Landlord stated in his petition that the premises sought for recovery weren't subject to rent control or rent stabilization because the building wasn't a multiple dwelling. But landlord hadn't sufficiently described the building, saying whether it was a one-family or two-family dwelling. Since landlord didn't state the number of units in the building, he hadn't properly notified tenant of what he was being sued for. The case was dismissed, but landlord could start a new case based on a petition that wasn't defective.

Pilo v. Tal: NYLJ, p. 27, col. 2 (4/15/98) (Civ. Ct. Bronx; Hoahng, J)