Petition Lists Incorrect Status of Apartment

March 1, 1996

LVT Number: 10413

Landlord sued to evict tenant for nonpayment of rent. Landlord stated in its petition that tenant was a commercial tenant. Tenant pointed out that he lived in the apartment in question and that his first lease and renewal were residential. Without explanation, landlord gave tenant a standard form office lease for his third and fourth renewals. But tenant's use of the apartment hadn't changed. The court ruled for tenant. Landlord's business nonpayment petition incorrectly stated the status and use of the apartment. Landlord appealed. The appeals court ruled against landlord.

Landlord sued to evict tenant for nonpayment of rent. Landlord stated in its petition that tenant was a commercial tenant. Tenant pointed out that he lived in the apartment in question and that his first lease and renewal were residential. Without explanation, landlord gave tenant a standard form office lease for his third and fourth renewals. But tenant's use of the apartment hadn't changed. The court ruled for tenant. Landlord's business nonpayment petition incorrectly stated the status and use of the apartment. Landlord appealed. The appeals court ruled against landlord. Landlord was free to start a proper residential nonpayment proceeding.

7-9 E. 32nd St. Associates v. Tighe: NYLJ, p. 25, col. 2 (2/6/96) (App. T. 1 Dept.; Parness, JP, McCooe, Freedman, JJ)

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