Landlord Can Amend Petition to Reflect Building's Multiple Dwelling Status

May 31, 1998

LVT Number: 12374

Landlord sued to evict tenant. Landlord's petition stated erroneously that the building wasn't a multiple dwelling. Landlord asked the court for permission to amend the petition to state that the building was property registered as a multiple dwelling. The court ruled for landlord, and tenant appealed, claiming that landlord's petition should have been dismissed because of this defect. The appeals court ruled against tenant. The building was, in fact, properly registered at the time landlord started its eviction case.

Landlord sued to evict tenant. Landlord's petition stated erroneously that the building wasn't a multiple dwelling. Landlord asked the court for permission to amend the petition to state that the building was property registered as a multiple dwelling. The court ruled for landlord, and tenant appealed, claiming that landlord's petition should have been dismissed because of this defect. The appeals court ruled against tenant. The building was, in fact, properly registered at the time landlord started its eviction case. So there was no harm to tenant in permitting landlord to amend its petition.

Lin v. Rivas: NYLJ, p. 30, col. 5 (5/26/98) (App. T. 2 Dept.; Kassoff, PJ, Scholnick, Chetta, JJ)

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