Petition Not Defective

Landlord sued to evict tenant for nonpayment of rent. Tenant claimed that landlord's petition was defective for a number of reasons. The court ruled against tenant.The fact that the chief clerk's signature stamp was missing on the face of the petition didn't in and of itself constitute a substantive defect. Tenant also claimed that the incorrect zip code to her address in the petition made it defective. The court found that this also was inconsequential. Tenant acknowledged receiving the petition and notice of petition through the mail. The misspelling of tenant's first name and the misstatement that tenant had a ìcondoî rental agreement, rather than a cooperative agreement, were also of no consequence. Landlord wasn't required to state the rent regulatory status of the apartment, since the cooperative apartment was exempt from rent regulation. And since tenant admitted receipt of landlord's notice of petition and petition before the case began, it didn't matter that she claimed she only received them by regular mail.

463 East 168th Street HDFC v. Woods: NYLJ,p. 27, col. 1 (5/31/95) (Civ. Ct. Bronx; Fiorella, J)