New Landlord Can't Amend Petition

Landlord sued to evict tenant for not signing a renewal lease. Landlord sent tenant a termination notice in June 1994 signed by Donald Lentnek, and listing the landlord as ''Landlord 350 Sterling Assoc.'' Tenant asked the court to dismiss the case, claiming that the petition and termination notice named former landlord, not current landlord. Current landlord, whose name is Donald Lentnek, and whose business name is ''Sterling 350 Enterprise,'' bought the building from ''350 Sterling Assoc.'' Current landlord asked the court if it could correct its petition to reflect the proper name, arguing that the mistake was only a technicality. The court ruled for tenant and dismissed the case. The defect in the petition can't be corrected. The building had changed hands over a year before current landlord started the case under former landlord's name. So, landlord's mistake wasn't a typographical error or a trivial mistakeit misstated the ownership of the building. And even if this misstatement could be considered a ''technicality,'' landlord had made the same error on the termination notice. This mistake isn't excusable, because tenant was entitled to know that the notice came from the true building owner.

350 Sterling Assoc. v. Henson: NYLJ, p. 32, col. 5 (12/28/94) (Civ. Ct. Kings; Finkelstein, J)