Tenant Waited Too Long to Object to Petition

November 1, 1996

LVT Number: 11003

Facts: Landlord sued to evict tenant from unregulated apartment after serving a 30-day notice of termination. Tenant's attorney appeared on the first court date and asked for an adjournment. On the next court date, tenant's attorney served tenant's answer. Tenant argued, among other things, that landlord's petition was defective because it wasn't properly verified. Tenant claimed that the petition should be dismissed for this reason. Court: Tenant loses. Tenant should have raised the procedural defect in landlord's petition right away through a motion to dismiss.

Facts: Landlord sued to evict tenant from unregulated apartment after serving a 30-day notice of termination. Tenant's attorney appeared on the first court date and asked for an adjournment. On the next court date, tenant's attorney served tenant's answer. Tenant argued, among other things, that landlord's petition was defective because it wasn't properly verified. Tenant claimed that the petition should be dismissed for this reason. Court: Tenant loses. Tenant should have raised the procedural defect in landlord's petition right away through a motion to dismiss. Tenant waited over three weeks and then only raised the issue of the defective verification as part of her answer to the petition.

Neerg Corp. v. Hamilton: NYLJ, p. 32, col. 1 (10/16/96) (Civ. Ct. Kings; Wendt, J)

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