Petition Improperly Verified

March 1, 1996

LVT Number: 10412

Landlord sued to evict tenant for nonpayment of rent. Tenant claimed that landlord's petition was defective. The trial court ruled for tenant and dismissed landlord's petition. Landlord's attorney verified the petition and didn't state why the verification wasn't made by landlord. Landlord appealed. The appeals court ruled for landlord to the extent that it reopened the case. Landlord was entitled to amend its petition. It was unnecessary to dismiss the case for this defect in landlord's papers.

Landlord sued to evict tenant for nonpayment of rent. Tenant claimed that landlord's petition was defective. The trial court ruled for tenant and dismissed landlord's petition. Landlord's attorney verified the petition and didn't state why the verification wasn't made by landlord. Landlord appealed. The appeals court ruled for landlord to the extent that it reopened the case. Landlord was entitled to amend its petition. It was unnecessary to dismiss the case for this defect in landlord's papers.

Fame Company v. Malcolm: NYLJ, p. 25, col. 4 (2/2/96) (App. T. 1 Dept.; Parness, JP, McCooe, Freedman)

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