Petition States Nonexistent Address

LVT Number: 11366

Landlord sued to evict tenant for nonpayment of rent. Landlord and tenant stipulated that the court had jurisdiction over the case, that judgment could be entered for landlord for $12,000 in back rent, and that eviction would be delayed if tenant paid the back rent owed in installments. Tenant later defaulted and asked the court to dismiss the case because landlord's petition incorrectly stated that the apartment was on Ocean Boulevard, not Ocean Parkway. Landlord claimed this was a harmless error. The court ruled for tenant and dismissed the case.

Landlord sued to evict tenant for nonpayment of rent. Landlord and tenant stipulated that the court had jurisdiction over the case, that judgment could be entered for landlord for $12,000 in back rent, and that eviction would be delayed if tenant paid the back rent owed in installments. Tenant later defaulted and asked the court to dismiss the case because landlord's petition incorrectly stated that the apartment was on Ocean Boulevard, not Ocean Parkway. Landlord claimed this was a harmless error. The court ruled for tenant and dismissed the case. RPAPL section 741(3) requires dismissal of a case if a petition inaccurately describes the property landlord seeks to recover. The papers can't be amended to give the court authority over the matter---which it didn't have in the first place, given the error.

Estate of Harrison v. White: NYLJ, p. 31, col. 4 (3/26/97) (Civ. Ct. Kings; Callender, J)