Landlord Can Amend Petition

January 1, 1995

LVT Number: 9375

Landlord sued to evict tenant for nonpayment of rent. Tenant asked the court to dismiss the case, arguing that landlord's petition was defective because it listed the wrong apartment. Landlord asked the court if it could correct its petition. The court refused, and dismissed the case. Landlord appealed, and the appeals court sent the case back to the lower court for trial. The lower court should have let landlord amend its petition.

Landlord sued to evict tenant for nonpayment of rent. Tenant asked the court to dismiss the case, arguing that landlord's petition was defective because it listed the wrong apartment. Landlord asked the court if it could correct its petition. The court refused, and dismissed the case. Landlord appealed, and the appeals court sent the case back to the lower court for trial. The lower court should have let landlord amend its petition.

Zebzda v. Rhodes: NYLJ, p. 33, col. 4 (12/5/94) (App. T. 2 Dept.; G. Kassoff, JP, Chetta, Patterson, JJ)

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