Tenant Can Amend Answer

LVT Number: 14375

Landlord sued tenant for back rent. Tenant appeared in court and answered the complaint without an attorney. Four months later, tenant got an attorney who asked for permission to amend tenant's answer to claim breach of the warranty of habitability. The court ruled against tenant, and tenant appealed. The appeals court allowed tenant to amend her answer. Tenant's amended answer had a valid defense, and she had a reasonable excuse for the delay. Also, tenant's amended answer shouldn't have been a surprise to landlord or prevented landlord from pursuing its case.

Landlord sued tenant for back rent. Tenant appeared in court and answered the complaint without an attorney. Four months later, tenant got an attorney who asked for permission to amend tenant's answer to claim breach of the warranty of habitability. The court ruled against tenant, and tenant appealed. The appeals court allowed tenant to amend her answer. Tenant's amended answer had a valid defense, and she had a reasonable excuse for the delay. Also, tenant's amended answer shouldn't have been a surprise to landlord or prevented landlord from pursuing its case.

RRL LLC v. Narasin: NYLJ, 8/14/00, p. 28, col. 2 (App. T.1 Dept.; Parness, PJ, Davis, Gangel-Jacob, JJ)