Landlord Can Amend Petition

March 1, 1994

LVT Number: 8607

Landlord sued to evict tenant. After starting its court case, landlord asked the court for permission to amend his petition. Landlord had mistakenly stated in his papers that tenant was rent-stabilized. Landlord wanted to change this statement to reflect that tenant wasn't rent-stabilized. The court ruled for landlord. Landlord's petition didn't need to be dismissed because of this mistake. In this case, tenant wouldn't be prejudiced if landlord was allowed to amend his petition.

Landlord sued to evict tenant. After starting its court case, landlord asked the court for permission to amend his petition. Landlord had mistakenly stated in his papers that tenant was rent-stabilized. Landlord wanted to change this statement to reflect that tenant wasn't rent-stabilized. The court ruled for landlord. Landlord's petition didn't need to be dismissed because of this mistake. In this case, tenant wouldn't be prejudiced if landlord was allowed to amend his petition.

Burian v. Junik: NYLJ, p. 25, col. 3 (2/16/94) (Civ. Ct. Kings; Baynes, J)

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