Petition Valid Despite Missing Information

(Decision submitted by Manhattan attorney Adam Leitman Bailey, who represented the landlord.) Landlord sued to evict rent-controlled tenant for nonprimary residence. Tenant asked the court to dismiss the case based on defects in the petition. The process server didn't put the index number, or place, room, and time of the court date on the petition. The court ruled against tenant. Tenant appeared in court and agreed to waive any defenses based on improper service, and consented to the court's jurisdiction. So tenant waived the right to raise the defects of landlord's failure to include the date, room, and time of court appearance as defenses. Landlord also pointed out that this information was contained on the back of the petition. As to the failure to include the index number in the petition, this is a technical defect that doesn't warrant dismissal of the petition.

Profile Enterprises, LP v. Sanzo: L&T Index No. 105448/04 (Civ. Ct. NY 6/7/05; Wendt, J) [14-pg. doc.]