Tenant Waived Right to Claim Defects in Petition

Landlord sued to evict Section 8 tenant. The court ruled for landlord. Tenant later asked the court to vacate the judgment of possession granted to landlord and to dismiss the petition. Tenant now claimed that the petition was defective because it didn't state that landlord sent the petition and termination to NYCHA, as required by federal regulations. The petition also didn't state tenant's Section 8 status. The court ruled against tenant. Tenant appealed and lost. Although tenant had defenses to landlord's petition based on these defects, tenant didn't raise these issues before the court decided the case. In fact, tenant specifically waived these defenses, first in a settlement agreement and later by not appealing the court's decision. These defects in the petition weren't the type that prevented the court from hearing the case in the first place.

433 West Assocs. v. Murdock: NYLJ, 10/23/00, p. 22, col. 3 (App. Div.1 Dept.; Williams, JP, Tom, Lerner, Andrias, Friedman, JJ)