Landlord Can't Amend Petition

May 31, 1999

LVT Number: 13277

Landlord sued to evict tenant. Tenant appeared in court and signed an agreement waiving any defense based on failure by landlord to properly deliver its court papers. Landlord later asked the court for permission to amend its notice to quit and petition to change tenant's listed address from ''Avenue'' to ''Street.'' The court ruled against landlord. Even though tenant had signed a settlement agreement, this error in landlord's papers was serious enough that the judgment and eviction warrant had to be vacated. The petition was dismissed.

Landlord sued to evict tenant. Tenant appeared in court and signed an agreement waiving any defense based on failure by landlord to properly deliver its court papers. Landlord later asked the court for permission to amend its notice to quit and petition to change tenant's listed address from ''Avenue'' to ''Street.'' The court ruled against landlord. Even though tenant had signed a settlement agreement, this error in landlord's papers was serious enough that the judgment and eviction warrant had to be vacated. The petition was dismissed.

Port Realty Group, LLC v. Michel: NYLJ, p. 30, col. 6 (5/26/99) (Civ. Ct. Kings; Callender, J)

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