Petition States Incorrect Attorney Name

July 31, 1995

LVT Number: 9893

Landlord NYC Housing Authority (NYCHA) sued to evict occupant, claiming he was a licensee. Occupant claimed that landlord's notice of petition and petition were defective. The papers named two different attorneys as representing landlord. In fact, neither of the two named on the landlord's notice of petition and petition still worked for the general counsel's office that represented landlord. One of them had left the office 10 years earlier. Landlord claimed this was a minor error that the court should allow to be corrected. The court ruled for tenant and dismissed the case.

Landlord NYC Housing Authority (NYCHA) sued to evict occupant, claiming he was a licensee. Occupant claimed that landlord's notice of petition and petition were defective. The papers named two different attorneys as representing landlord. In fact, neither of the two named on the landlord's notice of petition and petition still worked for the general counsel's office that represented landlord. One of them had left the office 10 years earlier. Landlord claimed this was a minor error that the court should allow to be corrected. The court ruled for tenant and dismissed the case. CPLR Section 321 requires that a named attorney authorize a petition with his name on it. This obviously couldn't have been done here, since the attorneys had long left the agency.

NYC Housing Authority v. Schwartz: NYLJ, p. 29, col. 4 (7/19/95) (Civ. Ct. Kings; Hoahng, J)

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