Landlord Awarded Incorrect Amount of Back Rent

Landlord sued to evict tenant for nonpayment of rent owed for the period from July 2004 through February 2006. Landlord claimed that tenant's monthly rent was $354 and that tenant owed over $16,000. The court ruled for landlord. Tenant appealed, claiming that the amount awarded was too high. The appeals court ruled for tenant. There was an inconsistency in landlord's court papers. For the period between July 2004 through February 2006, only $7,080 actually was due. Landlord actually sought rent for the period between May 2002 through February 2006, only some of which was in the amount of $354 per month. Since landlord didn't ask the lower court to amend its petition, the court shouldn't have awarded landlord the higher amount. The judgment was revoked, and the case was sent back to the lower court for further proceedings.

NYCHA v. Sinclair: NYLJ, 11/26/08, p. 38, col. 3 (App. T. 2 Dept.; Pesce, PJ, Weston Patterson, Rios, JJ)