Registration Not Necessary for Eviction Case

May 31, 2005

LVT Number: 18113

Landlord sued to evict tenant after a building foreclosure. Tenant claimed that the case should be dismissed because the petition didn't state whether the building was a multiple dwelling. The court ruled against tenant. Tenant appealed and lost. In a proceeding brought under RPAPL 713(5), there is no requirement to state multiple dwelling status in the petition. Landlord was entitled to a judgment of possession.

Landlord sued to evict tenant after a building foreclosure. Tenant claimed that the case should be dismissed because the petition didn't state whether the building was a multiple dwelling. The court ruled against tenant. Tenant appealed and lost. In a proceeding brought under RPAPL 713(5), there is no requirement to state multiple dwelling status in the petition. Landlord was entitled to a judgment of possession.

Chopra v. Parkin: NYLJ, 5/5/05, p. 30, col. 6 (App. T. 2 Dept.; Pesce, PJ, Rios, Belen, JJ)

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