Landlord Used Wrong First Name on Court Papers

April 30, 2000

LVT Number: 14072

Landlord sued to evict tenant for nonpayment of rent. The court ruled for landlord based on tenant's failure to appear in court. Tenant was evicted. Tenant then asked the court to vacate the default judgment, dismiss the petition, and restore him to possession. The court ruled for tenant. Landlord had described tenant as ''John'' Spencer in court papers, even though landlord should have known tenant's name was Andy Spencer. Landlord appealed and won. The petition sufficiently described tenant so that he would know from the document that it was intended for him.

Landlord sued to evict tenant for nonpayment of rent. The court ruled for landlord based on tenant's failure to appear in court. Tenant was evicted. Tenant then asked the court to vacate the default judgment, dismiss the petition, and restore him to possession. The court ruled for tenant. Landlord had described tenant as ''John'' Spencer in court papers, even though landlord should have known tenant's name was Andy Spencer. Landlord appealed and won. The petition sufficiently described tenant so that he would know from the document that it was intended for him. The petition was addressed to ''John'' Spencer at the tenant's address.

Lenox Rd. Utica Ave. Realty v. Spencer: NYLJ, 4/27/00, p. 31, col. 2 (App. T.2 Dept.; Scholnick, JP, Chetta, Patterson, JJ)

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