Landlord Can Correct Mistake in Petition

March 1, 2000

LVT Number: 13930

Landlord sued to evict rent-stabilized tenant. Tenant claimed that the petition was defective and should be dismissed. The court ruled against tenant. Tenant appealed and lost. The petition mistakenly contained a paragraph stating that the apartment was rent controlled, in addition to the paragraph correctly stating that the apartment was rent stabilized. This mistake caused no harm to tenant, and the court was right to simply strike the mistaken paragraph. This wasn't a case where landlord falsely claimed an apartment wasn't subject to rent regulation.

Landlord sued to evict rent-stabilized tenant. Tenant claimed that the petition was defective and should be dismissed. The court ruled against tenant. Tenant appealed and lost. The petition mistakenly contained a paragraph stating that the apartment was rent controlled, in addition to the paragraph correctly stating that the apartment was rent stabilized. This mistake caused no harm to tenant, and the court was right to simply strike the mistaken paragraph. This wasn't a case where landlord falsely claimed an apartment wasn't subject to rent regulation.

GSL Enterprises, Inc. v. Williams: NYLJ, 2/24/00, p. 28, col. 2 (App. T.1 Dept.; Parness, PJ, McCooe, Davis, JJ)

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