Answer to Petition Need Not Be Verified by Tenant

July 31, 2011

LVT Number: #23527

Landlord sued to evict tenant for nonpayment of rent. Tenant's answer to landlord's court petition was verified by tenant's attorney. Landlord claimed that the answer therefore was defective and asked the court to strike tenant's answer. The court ruled against landlord. Tenant's attorney stated in his verification that, as to those matters not stated upon his knowledge, they were based upon conversations with tenant and review of file documents. Tenant also lived outside the county where the attorney worked. The verification complied with the law.

Landlord sued to evict tenant for nonpayment of rent. Tenant's answer to landlord's court petition was verified by tenant's attorney. Landlord claimed that the answer therefore was defective and asked the court to strike tenant's answer. The court ruled against landlord. Tenant's attorney stated in his verification that, as to those matters not stated upon his knowledge, they were based upon conversations with tenant and review of file documents. Tenant also lived outside the county where the attorney worked. The verification complied with the law.

Mendicino Green Apartment Corp. v. Casimir: 32 Misc.3d 1220(A), 2011 NY Slip Op 51367(U) (Dist. Ct. Nassau; 7/21/11; Fairgrieve, J)

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