Landlord Needn't Attach Rent Demand to Petition

(Decision submitted by Gerard Proefriedt of the Manhattan law firm of Stephen H. Penn & Associates, attorneys for the landlord.) Landlord sued to evict tenant for nonpayment of rent. Tenant claimed that landlord's petition was defective because landlord didn't attach a copy of the three-day notice and affidavit of service to the petition. The court ruled that landlord could proceed; the Real Property Actions and Proceedings Law doesn't require that the three-day notice and affidavit of service be attached to the petition.

Bergen v. Wexler: L&T Index No. 68758/93 (7/1/93) (Civ. Ct. NY; Grayshaw, J) [2-page document]