Landlord Can't Amend Petition to Include Deregulation Claim

April 1, 2006

LVT Number: 18764

Landlord sued to evict rent-stabilized tenant. Landlord later asked the court for permission to amend its petition to include a claim of high-rent vacancy deregulation of tenant's apartment. The court ruled against landlord. Landlord appealed and lost. Landlord's proposed amendment to the petition was based on whether tenant's apartment was regulated, and not directly related to the calculation of a rent overcharge.

Landlord sued to evict rent-stabilized tenant. Landlord later asked the court for permission to amend its petition to include a claim of high-rent vacancy deregulation of tenant's apartment. The court ruled against landlord. Landlord appealed and lost. Landlord's proposed amendment to the petition was based on whether tenant's apartment was regulated, and not directly related to the calculation of a rent overcharge.

Tribeca M. Corp. v. Haller: NYLJ, 3/31/06, p. 28, col. 3 (App. T. 1 Dept.; McCooe, JP, Gangel-Jacob, Schoenfeld, JJ)

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