Landlord Can Amend Petition to Name Tenant's Husband

November 1, 2005

LVT Number: 18434

Landlord sued to evict tenant for keeping a pet in apartment in violation of her lease. Tenant asked the court to dismiss the case. She claimed that landlord didn't name cotenant, her husband, as a party to the case. The court ruled for tenant. Landlord appealed and lost. Although they were separated, tenant's husband was still named as cotenant in the last renewal lease. So the court properly dismissed the case. However, since the dismissal was for procedural reasons, landlord could start the case over, naming both tenants as parties.

Landlord sued to evict tenant for keeping a pet in apartment in violation of her lease. Tenant asked the court to dismiss the case. She claimed that landlord didn't name cotenant, her husband, as a party to the case. The court ruled for tenant. Landlord appealed and lost. Although they were separated, tenant's husband was still named as cotenant in the last renewal lease. So the court properly dismissed the case. However, since the dismissal was for procedural reasons, landlord could start the case over, naming both tenants as parties.

Lozynskyj v. Leland: NYLJ, 10/24/05, p. 28, col. 4 (App. T. 1 Dept.; Suarez, PJ, Gangel-Jacob, Schoenfeld, JJ)

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