Landlord Can Correct Minor Error in Nonpayment Petition
LVT Number: #22460
Landlord sued to evict tenant for nonpayment of rent. Tenant asked the court to dismiss the petition because it incorrectly listed months for which rent was claimed due. Landlord asked the court for permission to amend its petition. The court ruled against landlord and dismissed the case. Landlord appealed and won. The court should have allowed landlord to amend minor errors in its petition regarding the months it claimed that tenant had failed to pay rent. Landlord didn’t seek to add a new claim or increase the amounts due. Permission to amend pleadings should be freely given, absent a showing of prejudice or surprise.
Site 13 Apartment Owners, LLC v. Miles: NYLJ, 1/25/10, p. 26, col. 5 (App. T. 1 Dept.; Schoenfeld, JP, Shulman, Hunter, JJ)