Landlord's Petition Defective

April 1, 1994

LVT Number: 8675

Landlord sued to evict tenant to recover tenant's apartment for owner occupancy. The trial court ruled against landlord, finding his petition defective. Landlord appealed. The appeals court again ruled against landlord. Among other things, landlord didn't properly allege the apartment's rent regulatory status in his petition. Since there was no ruling on the merits of the case, landlord could bring a new action.

Landlord sued to evict tenant to recover tenant's apartment for owner occupancy. The trial court ruled against landlord, finding his petition defective. Landlord appealed. The appeals court again ruled against landlord. Among other things, landlord didn't properly allege the apartment's rent regulatory status in his petition. Since there was no ruling on the merits of the case, landlord could bring a new action.

Hunker v. Kirkpatrick: NYLJ, p. 32, col. 2 (3/24/94) (App. T. 1 Dept.; Parness, JP, McCooe, Glen, JJ)

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