Attorney Verified Nonpayment Petition

April 30, 1994

LVT Number: 8756

Landlord sued to evict tenant for nonpayment of rent. Tenant claimed that landlord's petition was defective. The petition was verified by landlord's attorney. The court ruled for tenant, and dismissed landlord's petition. An attorney may verify a petition for landlord, but only if the attorney includes a sworn statement as to the grounds of his belief in all matters not stated upon his knowledge and the reason why landlord didn't verify the petition. In this case, no such statement was provided. The petition was, therefore, defective and must be dismissed.

Landlord sued to evict tenant for nonpayment of rent. Tenant claimed that landlord's petition was defective. The petition was verified by landlord's attorney. The court ruled for tenant, and dismissed landlord's petition. An attorney may verify a petition for landlord, but only if the attorney includes a sworn statement as to the grounds of his belief in all matters not stated upon his knowledge and the reason why landlord didn't verify the petition. In this case, no such statement was provided. The petition was, therefore, defective and must be dismissed.

Spring Creek Associates, L.P. v. Thomas: NYLJ, p. 25, col. 1 (4/13/94) (Civ. Ct. Kings; Baynes, J)

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