Petition Inaccurately Described Apartment

December 1, 1994

LVT Number: 9289

Landlord sued to evict tenant after her lease ended. Tenant asked the court to dismiss the case, claiming the petition was defective because it didn't describe the apartment accurately. Landlord had sent tenant two separate petitions, with different index numbers. One petition described the apartment as the entire first floor of the building, and the other petition described the apartment as the entire second floor of the building. The court ruled for tenant and dismissed the case. Tenant proved she occupied both floors of the building, so the petition was defective.

Landlord sued to evict tenant after her lease ended. Tenant asked the court to dismiss the case, claiming the petition was defective because it didn't describe the apartment accurately. Landlord had sent tenant two separate petitions, with different index numbers. One petition described the apartment as the entire first floor of the building, and the other petition described the apartment as the entire second floor of the building. The court ruled for tenant and dismissed the case. Tenant proved she occupied both floors of the building, so the petition was defective.

Citibank v. Amadeo: NYLJ, p. 26, col. 1 (11/16/94) (Civ. Ct. Kings; Baynes, J)

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