Petition Not Defective

April 30, 1999

LVT Number: 13215

Landlord sued to evict tenant. Tenant claimed that landlord's petition wasn't properly verified. Tenant also claimed that landlord incorrectly stated that there were fewer than six apartments in the building. Tenant asked the court to dismiss the case based on these defects. The court ruled against tenant. Although the petition was improperly verified, tenant had waived this defect by not giving adequate notice that he was rejecting the petition. And an incorrect statement as to the number of apartments in the building was a minor error in this case.

Landlord sued to evict tenant. Tenant claimed that landlord's petition wasn't properly verified. Tenant also claimed that landlord incorrectly stated that there were fewer than six apartments in the building. Tenant asked the court to dismiss the case based on these defects. The court ruled against tenant. Although the petition was improperly verified, tenant had waived this defect by not giving adequate notice that he was rejecting the petition. And an incorrect statement as to the number of apartments in the building was a minor error in this case. Landlord claimed in its petition that the building was exempt from rent regulation because it had been substantially rehabilitated after Jan. 1, 1974. So it didn't matter how many apartments were in the building.

Jocar Realty Co. v. Seliger: NYLJ, p. 31, col. 1 (4/7/99) (Civ. Ct. NY; Billings, J)

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