Petition Contained Incorrect Facts

January 1, 2000

LVT Number: 13786

Landlord sued to evict six subtenants from an apartment. Landlord claimed that the subtenants all moved into the apartment under a single oral agreement. One of the subtenants asked the court to dismiss the case. She said that subtenants all moved into the space at separate times with separate agreements. Landlord didn't respond to this claim, so it was assumed by the court to be true. The court ruled for subtenants and dismissed the case. Since landlord didn't correctly state the facts on which its eviction case was based, this was reason to dismiss the case.

Landlord sued to evict six subtenants from an apartment. Landlord claimed that the subtenants all moved into the apartment under a single oral agreement. One of the subtenants asked the court to dismiss the case. She said that subtenants all moved into the space at separate times with separate agreements. Landlord didn't respond to this claim, so it was assumed by the court to be true. The court ruled for subtenants and dismissed the case. Since landlord didn't correctly state the facts on which its eviction case was based, this was reason to dismiss the case.

Elston v. Dubois: NYLJ, p. 29, col. 1 (12/8/99) (Civ. Ct. NY; Milin, J)

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