Landlord Can Amend Petition to Insert Tenant's Correct Name

April 30, 1995

LVT Number: 9674

Landlord sued to evict tenant for nonpayment of rent. Landlord's petition stated that tenant's name was ''Jane'' Weinberger. Tenant's first name was actually ''Zipora.'' Landlord used ''Jane'' by mistake. Tenant claimed that landlord's petition should be dismissed for this reason. The court ruled against tenant on this issue. The mistake was minor. Tenant knew that it was she who was being sued; her last name, gender, and address were correctly stated. Tenant filed an answer to the petition with affirmative defenses and counterclaims.

Landlord sued to evict tenant for nonpayment of rent. Landlord's petition stated that tenant's name was ''Jane'' Weinberger. Tenant's first name was actually ''Zipora.'' Landlord used ''Jane'' by mistake. Tenant claimed that landlord's petition should be dismissed for this reason. The court ruled against tenant on this issue. The mistake was minor. Tenant knew that it was she who was being sued; her last name, gender, and address were correctly stated. Tenant filed an answer to the petition with affirmative defenses and counterclaims. However, since landlord's error caused tenant to have to raise it as an issue, landlord must pay tenant's attorney $150 as costs for tenant's request to dismiss the case on the basis of this error.

Galaxy Realty, Inc. v. Weinberger: NYLJ, p. 31, col. 3 (4/5/95) (Civ. Ct. Kings; Krauss, J)

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