Landlord Can Amend Defective Verification of Court Petition

Landlord sued to evict tenant, claiming that the building wasn't a multiple dwelling and that tenant was unregulated. Tenant asked the court to dismiss the case because the termination notice and court petition were signed by landlord's agent and therefore defective. Landlord's agent had signed the papers on landlord's behalf under a power of attorney that was attached to the petition. The court ruled that while there was no reason to dismiss the case, the petition verification was defective because it failed to state both why landlord didn't verify the petition and the grounds of the belief as to all matters not stated upon landlord's knowledge, as required by Civil Practice Law and Rules (CPLR) rule 3021. Landlord could serve and file an amended verification within two weeks that complied with the CPLR.

Aviles v. Santana: Index No. L&T 26087/2017, NYLJ No. 1202793241665 (Civ. Ct. Bronx; 7/5/17; Lutwak, J)