Petition Stated Wrong Apartment Number

August 31, 1998

LVT Number: 12606

Landlord sued to evict tenant for nonpayment of rent. Tenant appeared in court and signed a settlement agreement to pay $5,000 in back rent. A judgment was then issued in landlord's favor. Tenant later claimed that landlord's petition was invalid because it listed the wrong apartment number and had been sent to the wrong apartment. Landlord asked the court for permission to amend its petition to state tenant's correct apartment number. Landlord argued that tenant couldn't object to the petition on this basis because he'd appeared in court and signed the formal agreement.

Landlord sued to evict tenant for nonpayment of rent. Tenant appeared in court and signed a settlement agreement to pay $5,000 in back rent. A judgment was then issued in landlord's favor. Tenant later claimed that landlord's petition was invalid because it listed the wrong apartment number and had been sent to the wrong apartment. Landlord asked the court for permission to amend its petition to state tenant's correct apartment number. Landlord argued that tenant couldn't object to the petition on this basis because he'd appeared in court and signed the formal agreement. The court ruled against landlord. The accurate description of the apartment is of key importance to an eviction petition. The court vacated the judgment and dismissed the case.

St. Lewis v. Lewis: NYLJ, p. 24, col. 6 (8/26/98) (Civ. Ct. Kings; Callender, J)

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