Landlord's Attorney Misrepresented Verification Date in Court Papers

Landlord sued to evict tenant after sending tenant a 10-day notice to quit. Landlord bought the building in a foreclosure action. The court held an inquest based on tenant's failure to appear in court. During the inquest, the court noticed that landlord's attorney had purchased an index number for the eviction petition three days before the time for tenant to vacate expired under the notice to quit. Landlord's attorney signed a verification to the petition dated July 3, 2007, even though the court papers were filed when she bought the index number on June 29. Landlord's attorney said that this was her usual office procedure. But the attorney falsely represented that she was verifying as of July 3 that tenant had failed to vacate the building. But on June 29, when the attorney actually signed the verification, tenant's time to move out hadn't yet expired. The court dismissed landlord's petition and ordered landlord's attorney to appear at a hearing to show why she shouldn't be sanctioned for her conduct.

Option One Mortgage Corp. v. Baptiste: NYLJ, 8/30/07, p. 26, col. 3 (Civ. Ct. Kings; Kraus, J)