Minor Defect in MDR Statement

February 1, 1993

LVT Number: 6721

Landlord sued to evict tenant for nonpayment of rent. Tenant didn't appear in court, and a hearing was held where landlord was required to present its proof. Landlord presented a copy of the multiple dwelling registration (MDR) to the court. The form identified landlord as ``Whitehall Partners Co., a partnership.'' This was slightly different from ``Whitehall Apartments Co.,'' landlord's name on the petition. The trial court rejected landlord's MDR statement and dismissed landlord's petition. Landlord appealed, and the appeals court found that the defect was minor.

Landlord sued to evict tenant for nonpayment of rent. Tenant didn't appear in court, and a hearing was held where landlord was required to present its proof. Landlord presented a copy of the multiple dwelling registration (MDR) to the court. The form identified landlord as ``Whitehall Partners Co., a partnership.'' This was slightly different from ``Whitehall Apartments Co.,'' landlord's name on the petition. The trial court rejected landlord's MDR statement and dismissed landlord's petition. Landlord appealed, and the appeals court found that the defect was minor. Landlord's MDR identified the address and phone number of landlord and all its partners, and listed the managing agent for the building. It complied with all legal requirements. The court reinstated landlord's petition and ruled for landlord.

[Whitehall Apartments Co. v. Zeigler: NYLJ, p. 22, col. 1 (1/26/93) (App. T. 1 Dept.; Parness, JP, Miller, McCooe, JJ)].

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