Court Improperly Denied Landlord's Request to Amend Petition's Misstatement

Landlord sued to evict tenant. During the housing court proceeding, landlord asked the court for permission to amend its petition because it had misstated the multiple dwelling status of the building. The court ruled against landlord, who appealed and won. The lower court denied landlord's motion seeking amendment because landlord failed to attach a copy of a proposed amended petition to its court papers. This was a technical defect that the court should have overlooked. And landlord's stated reliance on CPLR 3025(c) instead of CPLR 3025(b) also was a mere technical error. Tenant was aware of the relief being sought by landlord, and landlord had clearly described the limited proposed amendment to its petition in its court papers. There was no prejudice to the tenant. The case was sent back to the housing court for further consideration.

Dupont Realty LLC v. Garcia: Index No. 570030/21, 2021 NY Slip Op 50894(U)(App. T. 1 Dept.; 9/21/21; Edmead, PJ, Brigantti, Hagler, JJ)