Landlord Used Wrong Name in Petition

Facts: Landlord sued to evict rent-stabilized tenant for illegally subletting the apartment. Landlord claimed that Francine Ithier was tenant and that Francesca Ithier was illegal subtenant. Francesca claimed she'd lived in the apartment since 1985 and that there was no one named Francine Ithier. Landlord claimed there was a Francine Ithier who owned a house in Missouri. Francesca showed that tenant's lease was renewed in Francesca's name, that she had a driver's license in that name from the apartment address, and that she'd legally changed her name from Efrian Ithier to Francesca Ithier in 1991. She also showed that the DHCR apartment registration listed Francesca Ithier as tenant, that landlord had accepted rent checks from Francesca since 1985, and that landlord had written her at least one letter acknowledging that she was tenant. Francesca also claimed that she'd never sublet the apartment to anyone. Court: Tenant wins. The court ruled for tenant without holding a trial. Francesca Ithier proved that she was tenant. Landlord's petition sued to evict Francine Ithier, who wasn't tenant. So the petition was defective and was dismissed.

Hoexter Assocs. v. Ithier: NYLJ, p. 28, col. 1 (3/11/98) (Civ. Ct. NY; Acosta, J)