Landlord Sent One Petition to Recover Two Adjoining Apartments

June 30, 1996

LVT Number: 10693

Landlord sued to evict tenant from two adjoining apartments. Landlord served one petition to recover the two apartments. Tenant claimed that landlord's papers were defective because landlord should have served two petitions. Landlord claimed that there was one entrance to the two apartments, so only one petition was needed. The court ruled for tenant and dismissed landlord's petition. There were two separate apartments, requiring two petitions. Tenant had built a single entrance door in the building hallway for security reasons.

Landlord sued to evict tenant from two adjoining apartments. Landlord served one petition to recover the two apartments. Tenant claimed that landlord's papers were defective because landlord should have served two petitions. Landlord claimed that there was one entrance to the two apartments, so only one petition was needed. The court ruled for tenant and dismissed landlord's petition. There were two separate apartments, requiring two petitions. Tenant had built a single entrance door in the building hallway for security reasons. The two apartments were registered separately with the DHCR, and a second tenant, who was related to tenant and who wasn't named in landlord's petition, was the registered tenant of the second apartment.

Buckley v. Zagorski: NYLJ, p. 29, col. 3 (6/19/96) (Civ. Ct. Kings; Finkelstein, J)

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