Landlord's Signature Forged on Petition

Facts: Landlord sued to evict tenant for nonpayment of rent. Tenant claimed there were a number of defects or irregularities in the case that required dismissal. The court found that, among other things, a housing court employee who was acting as landlord's agent forged landlord's signature on the petition. Landlord was sick and elderly and didn't know that the case had been started. Landlord didn't sign the three-day rent demand. An attorney's name appeared on the petition, although there was some question as to whether she was responsible for the improprieties in the petition. The court dismissed landlord's case and held a hearing to impose sanctions. Court: Landlord wasn't held responsible for the improper petition since he didn't know about the case. The attorney involved was inexperienced in housing court matters and to some extent duped by the housing court employee who forged the documents. The attorney was fined only $100. The housing court employee who started the nonpayment case couldn't be sanctioned because he wasn't a party to the case, but his name was given to the District Attorney's office for possible prosecution.

Boyd v. Kellman: NYLJ, p. 32, col. 6 (6/16/99) (Civ. Ct. Kings; Callender, J)