Landlord Can Correct Defect in Petition

February 1, 1993

LVT Number: 6710

Landlord sued to evict tenant for nonprimary residence. Landlord mistakenly attached a 30-day notice dated January 10, 1992, to its petition. Landlord asked the court for permission to amend its petition to attach a subsequent notice dated May 20, 1992. The trial court granted landlord's request and tenant appealed. The appeals court ruled that landlord could amend its petition. This wasn't a case where landlord was relying upon the same termination notice served in a prior dismissed proceeding. Landlord had simply issued a later notice and was entitled to attach that to its petition

Landlord sued to evict tenant for nonprimary residence. Landlord mistakenly attached a 30-day notice dated January 10, 1992, to its petition. Landlord asked the court for permission to amend its petition to attach a subsequent notice dated May 20, 1992. The trial court granted landlord's request and tenant appealed. The appeals court ruled that landlord could amend its petition. This wasn't a case where landlord was relying upon the same termination notice served in a prior dismissed proceeding. Landlord had simply issued a later notice and was entitled to attach that to its petition

[Westfour Associates v. Richardson: NYLJ, p. 23, col. 2 (1/7/93) (App. T.1 Dept.; Parness, JP, Miller, McCooe, JJ)].

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