Landlord Can Amend Petition

February 1, 2001

LVT Number: 14732

Landlord sued to evict tenants after tenants' lease ended. Tenants claimed that landlord's petition was defective and asked the court to dismiss the case. At the same time, landlord asked for permission to amend the petition. The court ruled against landlord and dismissed the case. Landlord appealed and won. The petition was missing the statement of landlord's claim that tenants ``continue in possession of the apartment after the expiration of the term of their written lease.'' This was a defect that landlord could correct.

Landlord sued to evict tenants after tenants' lease ended. Tenants claimed that landlord's petition was defective and asked the court to dismiss the case. At the same time, landlord asked for permission to amend the petition. The court ruled against landlord and dismissed the case. Landlord appealed and won. The petition was missing the statement of landlord's claim that tenants ``continue in possession of the apartment after the expiration of the term of their written lease.'' This was a defect that landlord could correct.

E. 82nd Realty LLC v. Schwartz: NYLJ: 1/31/01, p. 26, col. 1 (App. T.1 Dept.; Parness, PJ, McCooe, Davis, JJ)

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