Petition's Verification Misleading

January 1, 1994

LVT Number: 8449

Landlord sued to evict tenant. Tenant claimed that landlord's petition was defective and should be dismissed. The court ruled for tenant. Landlord's petition was misleading. The petition's verification was signed by a Thomas Drapery, as Secretary of St. Tropez Corp. But a Mr. Szabo was the landlord, and was named petitioner in the petition itself. Landlord claimed that St. Tropez Corp. acted as his authorized representative in this proceeding. The court found that the verification indicated that St. Tropez was the petitioner. This contradicted the petition itself.

Landlord sued to evict tenant. Tenant claimed that landlord's petition was defective and should be dismissed. The court ruled for tenant. Landlord's petition was misleading. The petition's verification was signed by a Thomas Drapery, as Secretary of St. Tropez Corp. But a Mr. Szabo was the landlord, and was named petitioner in the petition itself. Landlord claimed that St. Tropez Corp. acted as his authorized representative in this proceeding. The court found that the verification indicated that St. Tropez was the petitioner. This contradicted the petition itself.

Szabo v. Moriber: NYLJ, p. 22, col. 6 (12/1/93) (Civ. Ct. NY; York, J)

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