Petition Stated Incorrect Address

April 1, 1998

LVT Number: 12236

Landlord sued to evict tenant. Tenant claimed landlord's petition was defective and that the case should be dismissed. The court ruled for tenant. Landlord's petition and affidavits of service all described tenant's address as Newport Street instead of Newport Avenue. Although civil practice law and regulations allow parties to amend minor defects in court papers, landlord is required to provide an accurate description of the subject premises. Landlord's incorrect description was a serious defect that warranted dismissal of its petition.

Landlord sued to evict tenant. Tenant claimed landlord's petition was defective and that the case should be dismissed. The court ruled for tenant. Landlord's petition and affidavits of service all described tenant's address as Newport Street instead of Newport Avenue. Although civil practice law and regulations allow parties to amend minor defects in court papers, landlord is required to provide an accurate description of the subject premises. Landlord's incorrect description was a serious defect that warranted dismissal of its petition.

Newport Gardens Assocs. v. Vicks: NYLJ, p. 29, col. 6 (3/25/98) (Civ. Ct. Kings; Rodriguez, J)

Topics

More like this