Petition Incorrectly Stated Rent-Regulated Status of Building

February 1, 1995

LVT Number: 9447

Landlord sued to evict tenant for nonpayment of rent. Tenant argued that landlord's petition was defective, because it incorrectly stated that her apartment wasn't rent-regulated. Landlord argued that even if the petition didn't correctly state the building's rent regulatory status, this was a minor mistake, which could be corrected without affecting the case. The court agreed with tenant, and dismissed the case. Tenant's apartment was rent-regulated, so landlord's petition was defective. This type of mistake can't be corrected by amending the petition.

Landlord sued to evict tenant for nonpayment of rent. Tenant argued that landlord's petition was defective, because it incorrectly stated that her apartment wasn't rent-regulated. Landlord argued that even if the petition didn't correctly state the building's rent regulatory status, this was a minor mistake, which could be corrected without affecting the case. The court agreed with tenant, and dismissed the case. Tenant's apartment was rent-regulated, so landlord's petition was defective. This type of mistake can't be corrected by amending the petition. Also, since this was the fourth time landlord's attorney had made this error, the court fined attorney $250 for knowingly filing a case based on a factual inaccuracy.

Bell v. Duncan: NYLJ, p. 26, col. 3 (1/4/95) (Civ. Ct. NY; Shafer, J)

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