Petition Contained False Notarization

December 1, 1997

LVT Number: 11950

Facts: Landlord sued to evict tenant for nonpayment of rent. Tenant claimed that landlord's petition was defective and asked the court to dismiss the case. Landlord hadn't registered the building with HPD, and the petition was signed by landlord's brother, using landlord's name. After a hearing, the court also found that the petition was falsely notarized, since the person who signed the petition wasn't landlord. Court: Tenant wins. Landlord couldn't prove landlord-tenant relationship. There was no written lease, and landlord couldn't prove ownership or registration of the building.

Facts: Landlord sued to evict tenant for nonpayment of rent. Tenant claimed that landlord's petition was defective and asked the court to dismiss the case. Landlord hadn't registered the building with HPD, and the petition was signed by landlord's brother, using landlord's name. After a hearing, the court also found that the petition was falsely notarized, since the person who signed the petition wasn't landlord. Court: Tenant wins. Landlord couldn't prove landlord-tenant relationship. There was no written lease, and landlord couldn't prove ownership or registration of the building. The false notarization was another serious defect. The court also referred the case to the District Attorney and the Secretary of State, since the notary knew that the brother who signed for landlord wasn't really the landlord named on the petition.

Taylor v. Singletary: NYLJ, p. 30, col. 5 (11/12/97) (Civ. Ct. Kings; Callender, J)

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