Landlord Didn't State Its Corporate Status

Facts: Landlord sued to evict rent-controlled tenant. Landlord's termination notice and petition stated that the owner was ''Montauk Partners Realty Assoc.'' and was signed by an individual claiming to be the owner's ''agent.'' Tenant claimed that landlord had filed no partnership certificate with the State of New York, as required by the General Business Law. Landlord claimed that this wasn't necessary because landlord was, in fact, a corporation. Landlord then presented copies of its corporate filing certificate and the building's deed, both of which named ''Montauk Partners Realty Assoc., Inc.'' as the owner. Tenant asked the court to dismiss the petition given landlord's failure to state its corporate status. Landlord claimed that this was a minor error that it should be permitted to amend. Court: Landlord loses. RPAPL section 741(1) requires landlord to ''state its interest in the premises'' when starting an eviction action. While some courts have permitted landlords to correct defects in pleadings, strict compliance with the law must be applied in a case like this. If tenant hadn't raised the issue, tenant and the court would have presumed that landlord was a partnership and that the individual who signed the notice and petition was the partnership's agent. If there had been a judgment in tenant's favor, tenant wouldn't have been able to get relief against the ''partnership'' because it was, in fact, a corporation.

Montauk Partners Realty Assoc. v. Fischetta: NYLJ, p. 32, col. 6 (5/6/98) (Civ. Ct. Kings; Reichbach, J)